Kamunongona and 516 Others v Great Zimbabwe University And 7 Others (24 of 2021) [2021] ZWMSVHC 24 (23 April 2021)

29 HMA 24 -21 HC 224 - 18 DANIEL KAMUNONGONA 1ST APPLICANT ELISHA KUFAKUNESU 2ND APPLICANT DORREN MADIRIRO 3RD APPLICANT ABEL MUKOZHO 4TH APPLICANT AUSTIN PISIRAI 5TH APPLICANT MIRIAM CHIPOKA 6TH APPLICANT KUDAKWASHE DZINOREVA 7TH APPLICANT TSVERUKAI GUNANGA 8TH APPLICANT CAESER CHENGETA 9TH APPLICANT SANDRA JUDITH WATADZAUSHE 10TH APPLICANT ABIGIRL MUGABE 11TH APPLICANT SIMBARASHE GUMBATI 12TH APPLICANT JOSEPHINE MUSHONGA 13TH APPLICANT DONNAH TARUSIKIRWA 14TH APPLICANT JULIA YULE 15TH APPLICANT SNODIA MAGUDU 16TH APPLICANT LELSON DHMBUZA 17TH APPLICANT IRVINE TABENGWA 18TH APPLICANT DAVIES KANGWARE MUTANDA 19TH APPLICANT JACK CHITSIKE 20TH APPLICANT CLEMENCE MUZONDO 21ST APPLICANT YONA ALOUIS NYATHI 22ND APPLICANT FAITH SIMON 23RD APPLICANT MERCY MATAMBO 24TH APPLICANT DANIEL TIRIVANHU 25TH APPLICANT BEAUTY MUSEKIWA 26TH APPLICANT MARY MATARUSE 27TH APPLICANT LANGTON GOZA 28TH APPLICANT NGONIDZASHE CHAWADYA 29TH APPLICANT SHELTER MUTEMBWA 30TH APPLICANT ZIONE T. MPOSA 31ST APPLICANT TAWANDA NYAMAREBVU 32ND APPLICANT INNOCENT VERENGA 33RD APPLICANT VONGAI MAKUSHA 34TH APPLICANT HALIMANI DOUGLAS 35TH APPLICANT CAMPION CHIROBA 36TH APPLICANT JOHN MARUMBWA 37TH APPLICANT BIZAH DZIKAMAI SHOKO 38TH APPLICANT WILLIAM MAKUMBE 39TH APPLICANT JAMES GUVURIRO 40TH APPLICANT CONSTANCIA MANDUDE 41ST APPLICANT PAULINE MUPUNGU 42ND APPLICANT MUNAMATO CHEMHURU 43RD APPLICANT RICHARD TIVAKUDZE 44TH APPLICANT PROMISE CHINORWIWA 45TH APPLICANT CAMPION MUGORONGI 46TH APPLICANT JOSEPH MUSIYIWA 47TH APPLICANT WEBSTER MUVENGERWI 48TH APPLICANT ANTONIA NDOVE 49TH APPLICANT EUPHURAGE RUGARA 50TH APPLICANT ZAKIEL MUZONDIREVA 51ST APPLICANT PATRICK ZIMANO 52ND APPLICANT VONGAI CHIDUZA 53RD APPLICANT NATSAI PISIRAI 54TH APPLICANT JANE ZHOU 55TH APPLICANT PENDUKA MILLION 56TH APPLICANT KENIAS MAGAISA 57TH APPLICANT ISAAC PLATO 58TH APPLICANT PATRICK TARISAI PARIDZIRAI 59TH APPLICANT BATANAI PEDZISAI 60TH APPLICANT CHRISTOPHER GOZHO 61ST APPLICANT JOANNAH TAKAINGOFA 62ND APPLICANT TOFARA RUGARA 63RD APPLICANT GARIKAYI MAKUYANA 64TH APPLICANT DAVID CHENJERAI MUDONDO 65TH APPLICANT EPHRAIM MATANDA 66TH APPLICANT LEDWIN CHIMWAI 67TH APPLICANT WATSON MUNYANYI 68TH APPLICANT MISHECK DIZA 69TH APPLICANT REDGES MANDIYAMBIRA 70TH APPLICANT NOMERCY NDOMORO 71ST APPLICANT PHOLOMINA CHIEDZA MBEDZI 72ND APPLICANT MAVEZERA TINASHE FRADRECK 73RD APPLICANT RUMBIDZAI ZANAMWE 74TH APPLICANT ALBERT GANHURE 75TH APPLICANT MUCHANETA DUBE 76TH APPLICANT ZVIREGEYI PHIRI 77TH APPLICANT MASUKU JEAN 78TH APPLICANT TURUSIDA ALBERT BHIRI 79TH APPLICANT COLLIN CHACHENGWA 80TH APPLICANT STANSILAUS MUTUVIRA 81ST APPLICANT EDSON KUMBIRAI 82ND APPLICANT JOHN NGOMAYEZWI 83RD APPLICANT CASIAN MAVHIMA 84TH APPLICANT LIZZY NETSAI DHORO 85TH APPLICANT TAFIREYI MASHAMBA 86TH APPLICANT SHEPHERD DERECK CHIKUNI 87TH APPLICANT CLOPAS KWENDA 88TH APPLICANT TSITSI MARE 89TH APPLICANT KUDZANAYI MAWEMA 90TH APPLICANT FREDRECK MAPURISA 91ST APPLICANT MARTIN MAKWEZA 92ND APPLICANT AMSON MOYO 93RD APPLICANT NORBERTA MADZIVANYIKA 94TH APPLICANT WILSON JETHRO BURENI 95TH APPLICANT BARBRA PAKARIMWA 96TH APPLICANT SENZENI MLAMBO 97TH APPLICANT WAYMAN TAKAWIRA 98TH APPLICANT RABSON MUJATI 99TH APPLICANT JOSIAH DUNATUNA 100TH APPLICANT ROSEMARY MACHUWE 101ST APPLICANT TAKAWIRA MASOMERE 102ND APPLICANT KUDAKWASHE NYATARE 103RD APPLICANT IGNATIUS MANYANYE 104TH APPLICANT MATILDA BHUNU 105TH APPLICANT MELLISA BERE 106TH APPLICANT FAMILIA ZIREBWA 107TH APPLICANT JOROBIAM MAHONDO 108TH APPLICANT TAPERA DUBE 109TH APPLICANT SHERON MATAVIRE 110TH APPLICANT NHAMO MANGWANA 111TH APPLICANT JEOFREY (DR) MTEMERI 112TH APPLICANT LLOYD NHODO 113TH APPLICANT TSORIYO WENDY WADZANAI 114TH APPLICANT BERNARD (DR) CHAZOVACHII 115TH APPLICANT G. DHLULA 116TH APPLICANT WILLARD NYAMUBARWA 117TH APPLICANT MUZVIDZIRWA RUTENDO FAITH 118TH APPLICANT HONEST MUPANI 119TH APPLICANT LUCAS KASENYA 120TH APPLICANT MARTISON NHAMO 121ST APPLICANT ALOIS MALULEKE 122ND APPLICANT SIBANDA MUGANDYA 123RD APPLICANT KUDAKWASHE MHASHU 124TH APPLICANT LASTBORN NGOMAI 125TH APPLICANT JANETH MATINGWENA 126TH APPLICANT PARDON MUNYAKA 127TH APPLICANT EMMANUEL MAZITI 128TH APPLICANT SAMSON ZIVANAI 129TH APPLICANT HERBERT ZIRIMA 130TH APPLICANT CHIPO MUTONHODZA 131ST APPLICANT GAMBE TAZVIONA 132ND APPLICANT AGNES NATSAI SIGWADHI 133RD APPLICANT JOICE MADIDIKE 134TH APPLICANT OSWELL RUSINGA 135TH APPLICANT MAXWELL CHUMA 136TH APPLICANT COWEN DZIVA 137TH APPLICANT MANASA SIBANDA DR 138TH APPLICANT SHINGAI RUGARA 139TH APPLICANT CHARLES DUBE 140TH APPLICANT SIMBARASHE GUKURUME 141ST APPLICANT ELIAS MADZUDZO 142ND APPLICANT TAONA MUSEVA 143RD APPLICANT GUMISAI TINOTENDA MUTANGI 144TH APPLICANT JACOB TAGARIROFA 145TH APPLICANT HARDLIFE STEPHEN BASURE 146TH APPLICANT LEONARD CHIRENJE 147TH APPLICANT JOSIAH TARU 147TH APPLICANT CHITONGA (DR) LEONARD 148TH APPLICANT MASHAVIRA NHAMO 149TH APPLICANT MUSHUKU ALIMOS 150ST APPLICANT CHINYANGANYA ITAI 151ST APPLICANT MABIKU TERAH 152ND APPLICANT NDLOVU COLLEN 153RD APPLICANT BUSHE TADZOSERWA 154TH APPLICANT MUROMBO SHYLET C. 155TH APPLICANT MARONDEDZE EVAN TINASHE 156TH APPLICANT JULY JAMES 157TH APPLICANT MUCHACHA PATHIOS 158TH APPLICANT CHIKUHWA H.T. 159TH APPLICANT MOYO (DR) NATHAN 160TH APPLICANT MAKAYE (DR) JERIPHANOS 161ST APPLICANT MUFANECHIYA ALBERT 162ND APPLICANT MANDIUDZA (DR) LEONA 163RD APPLICANT MAKWARA CONVENCE ENOCK 164TH APPLICANT RUZAVE JAMES 165TH APPLICANT SAGIYA EZEKIEL ADROPH 166TH APPLICANT MADONDO RODIA 167TH APPLICANT TENDAI PRAYMORE 168TH APPLICANT CHIGONGA MARTHER 169TH APPLICANT MAGOGO JANETH 170TH APPLICANT TAMBULA TSITSI SOPHINA 171ST APPLICANT MAFUTA OSCAR 172ND APPLICANT MUTUMBURANZOU RADIOS 173RD APPLICANT CHINONDO PHILLIP 174TH APPLICANT VUTETE NELSON 175TH APPLICANT MUZEZEWA ABINAS 176TH APPLICANT MAREGEDZE TOBIAS 177TH APPLICANT ZIVENGWA GIBSON 178TH APPLICANT NDOVE WEDZERAI 179TH APPLICANT TOM PANGANAI 180TH APPLICANT MUGABE PRISCA SENZIA 181ST APPLICANT NYAKUWANIKWA MOSES 182ND APPLICANT ZIVANOMOYO JAMES 183RD APPLICANT TADERERA TRAINOS DONALD 184TH APPLICANT DHLIWAYO CLARAH 185TH APPLICANT CHIRAMBAMURIVO PETER 186TH APPLICANT MASHINGAIDZE RONIA 187TH APPLICANT MAKAMURE JABULANI 189TH APPLICANT HAMADZIRIPI CHIMBUNDE 190TH APPLICANT CHIBAYA NELSON 191ST APPLICANT MATEWU KURWAISIMBA 192ND APPLICANT MUDZIVIRO MAXWELL 193RD APPLICANT CHAMAIDA JOHN 194TH APPLICANT KAMBEU CHIPO 195TH APPLICANT MUWANDI MISHECK 196TH APPLICANT MAGUTU TAVAPA 197TH APPLICANT ELIZABETH NDLOVU 198TH APPLICANT MADUKE MARTHA 199TH APPLICANT DUBE SITHABILE 200TH APPLICANT CHIDZANA CHIDZANA 201ST APPLICANT MUKANDI TENDAI 202ND APPLICANT CHIGWIDA HEDWICK 203RD APPLICANT MARASHE JOEL 204TH APPLICANT BHALA TIMOTHY 205TH APPLICANT KADODO WEBSTER 206TH APPLICANT RURINDA ELIAS 207TH APPLICANT MSWAZIE (DR) JONATHAN 208TH APPLICANT MAZURUSE (DR) MICKSON 209TH APPLICANT CHINDEDZA (DR) WINNET 210TH APPLICANT NYATONDO ROSE CONSTANCIA 211TH APPLICANT CHIDOKO CLAINOS 212TH APPLICANT MAKORE ALBERT 213TH APPLICANT MUTEMBWA BENARD 214TH APPLICANT DDZOMIRA (DR) SHEWANGU 215TH APPLICANT GUTU GUMISAI JACOB 216TH APPLICANT MAWERE (PROF) MUNYARADZA 217TH APPLICANT CHIWAURA HENRY 218TH APPLICANT MANDOVA (DR) EVANS 219TH APPLICANT DOMBO (DR) SYLVESTER 220TH APPLICANT KONYANA (DR) ELIAS 221ST APPLICANT MASITERA (DR) ERASMUS 222ND APPLICANT ZHOU SILIBAZISO 223RD APPLICANT MAFONGOYA OWEN 224TH APPLICANT DUBE LIKETSO 225TH APPLICANT MAPETERE (DR) KUDAKWASHE 226TH APPLICANT ZIMIDZI WEBSTER 227TH APPLICANT MAHUNDI PLAXCEDIA 228TH APPLICANT GONYE (ASS PROF) JAIROS 229TH APPLICANT MAREVA (DR) RUGARE 230TH APPLICANT JINGA (DR) NYARADZO 231ST APPLICANT MAPAKO FELIX PETROS 232ND APPLICANT NYONI MIKA 233RD APPLICANT MUNYARADZI GIVEWELL 234TH APPLICANT RUNESU ESTHER 235TH APPLICANT PEPUKE VICTOR 236TH APPLICANT SHERENI NEVA 237TH APPLICANT RUGARE SARAH 238TH APPLICANT TONDE 239TH APPLICANT CHINGWENDE OBVIOUS 240TH APPLICANT MALVIN BETA 241ST APPLICANT MABHURENI JACKSON 242ND APPLICANT MTERO BRIGHTON 243RD APPLICANT CHIWOMBEREGWA TAFIRENYIKA 245TH APPLICANT MLAMBO NOEL 246TH APPLICANT MANDAVA NEEDMORE TAWANDA 247TH APPLICANT MAVUNDA MERCY 248TH APPLICANT NDINDE SHADRECK 249TH APPLICANT MUTEMACHIMWE TENDAI 250TH APPLICANT SHAMANO (DR) PENIAH 251ST APPLICANT DUBE (DR) EDMORE 252ND APPLICANT HUMBE BERNARD PINDUKAI 253RD APPLICANT MADZOKERE (REV) NYASHA 254TH APPLICANT PHIRI MUNYARADZI 256TH APPLICANT MASAKA (DR) DENNIS 257TH APPLICANT MAZURU MICHAEL 258TH APPLICANT MAKAUDZE (ASS. PROF) GODWIN 259TH APPLICANT MUROMBEDZI TENDAYI 260TH APPLICANT MUSARA OTINIEL 261ST APPLICANT SAUNGWEME TALKNICE 262ND APPLICANT GUMBO LINDA CHENGETANAI 263RD APPLICANT MUNYARADZI DUVE 264TH APPLICANT MOYO TALAK 265TH APPLICANT CHIBAYA TENDAI 266TH APPLICANT MUNONGO K. SHALLONE 267TH APPLICANT SIMION MATSVAI 268TH APPLICANT HLUPEKO DUBE 269TH APPLICANT MUFANDAEDZA SHYLET 270TH APPLICANT MADOYI NELSON 271ST APPLICANT MAKARA SIMBARASHE 272ND APPLICANT MATURURA GIFT 273RD APPLICANT BEUCKS MARISA MUSIYAMWA 274TH APPLICANT IRENE GORE 275TH APPLICANT CHUMA LORRAINE 276TH APPLICANT MATANHIRE TINEYI 277TH APPLICANT MUZENDA TENDAI EUNICE 278TH APPLICANT MATOWE TATENDA 279TH APPLICANT MWALE REPAI 280TH APPLICANT KASENYA SIBIZIWE 281ST APPLICANT MAPANZURE SUSAN NAMATIRAI 282ND APPLICANT MAGUTA GETRUDE 283RD APPLICANT MAPAKO CECILIA NYEVERAI 284TH APPLICANT CHAKANYUKA SHUMBISAI 285TH APPLICANT BEREJENA SIMBARASHE KUDAKWASHE 286TH APPLICANT CHIDO MUCHENURWA 287TH APPLICANT RACHAEL MUROVE 288TH APPLICANT JOSELINE CHITOTOMBE 289TH APPLICANT POLITE MASVAURE 290TH APPLICANT EPHRAIM CHIFAMBA 291ST APPLICANT STEPHEN MUSHORIWA 292ND APPLICANT BEHAVIOUR CHINANGA 293RD APPLICANT CHARLES MUCHADYA 294TH APPLICANT C. MANDUDE 295TH APPLICANT GLADYS JONAS 296TH APPLICANT WADZANAYI CHIVAMBA 297TH APPLICANT HICKONIKO LOICE 298TH APPLICANT ADMIRE MUTSINDIKWA 299TH APPLICANT CALVIN BAMBA 300TH APPLICANT LIBERTY ZIDANA 301ST APPLICANT MUTAMBI MUTAMBU 302ND APPLICANT PATIENCE MAKESE 303RD APPLICANT FREEDMAN JOHN CHUMA 304TH APPLICANT WINIDZI MAKUMBE 305TH APPLICANT JOE OSCAR 306TH APPLICANT LOVEMORE MWANENGERA GUNANGA 307TH APPLICANT SIFIKILE SIBANDA 308TH APPLICANT SINIWA LOVERETTA 309TH APPLICANT EVELINE MUSHAVAIRE 310TH APPLICANT REBECCA BANDA 311TH APPLICANT ZODWA DUBE 312TH APPLICANT VONGAI MAKUMBE 313TH APPLICANT PHAROAH GOZO 314TH APPLICANT MODLINE MUTEMA 315TH APPLICANT PEDZISAI MUDYAHOTO 316TH APPLICANT RUMBIDZAI SIBANDA 317TH APPLICANT MARKS MUWANIKI 318TH APPLICANT FIONA SHUMA 319TH APPLICANT REBECCA MACHAWU 320TH APPLICANT BRIGHTON MUKAKA 321ST APPLICANT GRACE KAMWAZA 322ND APPLICANT RHODA NGIRAZI 323RD APPLICANT JEALOUS CHAITA 324TH APPLICANT WINNIE BUNU 325TH APPLICANT JIMMY NICHOLAS KAMBIZI 326TH APPLICANT OLIVARTH GUVURIRO 327TH APPLICANT SEBITAH MAGRET MABURUTSE 328TH APPLICANT THEBE SIMANGENKOSI 329TH APPLICANT MUKOTO MUKOTO 330TH APPLICANT CHIEDZA LINDA MAZHARA 331ST APPLICANT ZINYEKA SESEDZAI 332ND APPLICANT MARIA TAFUMA 333RD APPLICANT PATRICIA MANDIYAMBIRA 334TH APPLICANT BRIAN BANDA 335TH APPLICANT LAIZA CHENGETANAI 336TH APPLICANT MONICA CHINYAMA 337TH APPLICANT PETER MATSIKA 338TH APPLICANT SITHEMBISO NCUBE 339TH APPLICANT RURAMAI MADOYI 340TH APPLICANT SOFFIE NYAJENA 341ST APPLICANT MARCHFORD MAKAHAMADZE 342ND APPLICANT MERJURY MAJANGE 343RD APPLICANT EPHRAIM MAFUVA 344TH APPLICANT TAHONGAI FORTUNATE DAMBUDZO 345TH APPLICANT GEORGINA MAGWERE 346TH APPLICANT BENISA CHITIGA 347TH APPLICANT CLEMENCE CHIGUDU 348TH APPLICANT MIKE NYARADZO 349TH APPLICANT VONGAI MASUNDA 350TH APPLICANT THANDIWE DHLULA 351ST APPLICANT NOMATTER SIBINDI 352ND APPLICANT COSMAS GODFREY CHEMBESI 353RD APPLICANT ERASMUS HAMADZIRIPI 354TH APPLICANT TAKESURE KWASHIRAI 355TH APPLICANT BLESSING MUREVESI 356TH APPLICANT MUNYARADZI MUTSIKIWA 357TH APPLICANT RABSON MAGWEVA 358TH APPLICANT LOVERAGE CHAKAZAMBA 359TH APPLICANT JILSON ZIMUTO 360TH APPLICANT ALEXANDER MAPFUMO 361ST APPLICANT LIBERTY NGWARU 362ND APPLICANT PHILLIPA CHIMAMBANI 363RD APPLICANT CHIPO CHINODA 364TH APPLICANT CHIDYA MUBAIWA 365TH APPLICANT BEAULAR MPOFU 366TH APPLICANT PHINIAS NGATIANE 367TH APPLICANT JERICHO GAPU 368TH APPLICANT GRACE MANDZA 369TH APPLICANT ALIBETI VUSHE 370TH APPLICANT TAVA INNOCENT MAVEZA 371ST APPLICANT EDNA MAZAMBE 372ND APPLICANT MERCY SHARARA 373RD APPLICANT NYASHA TAVANHU 374TH APPLICANT FORTUNATE KUMUTSANA 375TH APPLICANT MUNYARADZI KUSEKA 376TH APPLICANT LYDIA CHABUDA 377TH APPLICANT R. MATINGWINA 378TH APPLICANT MACHEKA MAVIS THOKOZILE 379TH APPLICANT VIOLET MAKWARA 380TH APPLICANT SHAMISO SANANGURA 381ST APPLICANT SNYLET KUFAKUNESU 382ND APPLICANT NOMATTER BANGA 383RD APPLICANT REASON MUGANU 384TH APPLICANT PURITY MUSVOSVI 385TH APPLICANT EDETH CHITAMBA 386TH APPLICANT FREDRICK CHITSA 387TH APPLICANT ELLEN DZOKEGWI MUZENDA 388TH APPLICANT ROSEMARY KATURI 389TH APPLICANT I N S MUYANGA 390TH APPLICANT CLEMENCE MUGUDUBI 391ST APPLICANT GILBERT KADZUNGE 392ND APPLICANT BENEDICT SHONAI MAGUVAZA 393RD APPLICANT NYARADZO NJANJI 394TH APPLICANT MEMORY FUNGISAI GANDE 395TH APPLICANT JENIPHER CHIKWASHIWA 396TH APPLICANT SHAMISO GAVAZA 397TH APPLICANT TENDEKAI KANOUPANDU 398TH APPLICANT PHELEX NJOVO 399TH APPLICANT NYANYI MUKACHI 400TH APPLICANT ELIWAT MHIKE 401ST APPLICANT JANE PISIRAI 402ND APPLICANT SIYAI POSVO 403RD APPLICANT ISIMAERI MAHACHI 404TH APPLICANT ALBERT MUWODZERI 405TH APPLICANT SIMBARASHE NHARI 406TH APPLICANT MHURAI MUTODA 407TH APPLICANT JEMINOS CHAZA 408TH APPLICANT JULIANA MUNIKWA 409TH APPLICANT JORDAN MANYIKA 410TH APPLICANT SIMON ANTONIO 411TH APPLICANT AARON DUBE 412TH APPLICANT EUNICE MUSIMWA 413TH APPLICANT FORTUNE NGUVO 414TH APPLICANT TAWANDA MAIMBA 415TH APPLICANT BRIGHT MAHWEHWE 416TH APPLICANT JUDITH NKONDE 417TH APPLICANT TENDEUKAI MAPITA 418TH APPLICANT NGONI MADZANA 419TH APPLICANT DANMORE NYAWO 420TH APPLICANT ADMORE MASHOKOH 421ST APPLICANT RANGARIRAI CHABATA 422ND APPLICANT INOCENT MAGWEDE 423RD APPLICANT MANHIVI TINARWO 424TH APPLICANT BRIAN CHAWIRA 425TH APPLICANT SIMON JARICHA 426TH APPLICANT CHISHARIRWA NYOVHANI 427TH APPLICANT ANDREW CHIVHENGE 428TH APPLICANT MELODY MADHOMBIRO 429TH APPLICANT DIANAH MUGODI 430TH APPLICANT SESTINO MAJOR 431ST APPLICANT MUNYARADZI NYAKURAYI 432ND APPLICANT EDMORE KUTADZAUSHE 433RD APPLICANT TOGARA MUSHEKWA 434TH APPLICANT NEVUMA NGWARU 435TH APPLICANT SOLOMON MARIME 436TH APPLICANT AVERY MAITERA 437TH APPLICANT ALOUIS MUZORAVA 438TH APPLICANT GODWIN ZVIDZA 439TH APPLICANT ACTION HUNDIVENGA 440TH APPLICANT PRISE MUYAMBO 441ST APPLICANT MIKE DHUVAI 442ND APPLICANT BEZEL BAYANI 443RD APPLICANT KNOWLEDGE MAMIRE 444TH APPLICANT MODLINE MABWINYE 445TH APPLICANT STEPHEN MUBWANDA 446TH APPLICANT KELVIN SIMBARASHE WASHAYA 447TH APPLICANT RICHARD MAZURU 448TH APPLICANT SOLOMON MUDZINGO 449TH APPLICANT ALPHONCE MAKWARA 450TH APPLICANT ZIMUCHA PASSMORE 451ST APPLICANT BELIGHT CHIDARARA 452ND APPLICANT SALIWE NEGANDA 453RD APPLICANT MUSIIWA CHAKAUYA 454TH APPLICANT MICHAEL RUNESU SHAMU 455TH APPLICANT TAMIRIRA MAPEPA 456TH APPLICANT DAMBUDZO MAPEPA 457TH APPLICANT COSMOS MOYO 458TH APPLICANT CUTHBERT MAKUVARA 459TH APPLICANT ESINATH CHITONGA 460TH APPLICANT ALICE KUFAKUNESU 461ST APPLICANT TRUST MBERENGWA 462ND APPLICANT BRIAN MUKONDO 463RD APPLICANT GIFT DAMA 464TH APPLICANT LAZARUS MAFUKA 465TH APPLICANT PIO MUTOMBERA 466TH APPLICANT NAUNDE MUDHAKWA 467TH APPLICANT ANDIRAS GUNDAI 468TH APPLICANT CHRISTIAN MUZENDA 469TH APPLICANT EPHRAIM BAYAI 470TH APPLICANT NELSON SANANGURAI 471ST APPLICANT ELIAS MAPFUMO 472ND APPLICANT JOICE MAKUMIRE 473RD APPLICANT ALEX MUVHEYI 474TH APPLICANT PRIVILEDGE MACHUWAIRE 475TH APPLICANT HELLEN TAVENGWA 476TH APPLICANT VAKAI MAPEPA 477TH APPLICANT EPHRAIM MUGARI 478TH APPLICANT OTILIA DZVIRIRI 479TH APPLICANT RURAMAI MARECHA 480TH APPLICANT NORMAN MARIME 481ST APPLICANT MENARD MADZIMA 482ND APPLICANT MAVIS DHEMA 483RD APPLICANT PHILLIPA FUNGAI DZINGIRA 484TH APPLICANT PHILLIPA MUDZIKISI 485TH APPLICANT CHIKUNI PLAXEDES 486TH APPLICANT CHAMISA MUTEMACHIMWE 487TH APPLICANT FARAI MAMBOHWA 489TH APPLICANT SAMSON HWARARI 490TH APPLICANT CATHERINE MUSARURWA 491ST APPLICANT SHEPHERD CHINOFUNGA 492ND APPLICANT AUGUSTINE MBINDAH 493RD APPLICANT BELINDA DIYA 494TH APPLICANT WINNET MUTUDZA 495TH APPLICANT ITAI DARIKAI 496TH APPLICANT ALFORD KAMIDZA 497TH APPLICANT SHEPHERD MANZANGA 498TH APPLICANT WILSON KHUMALO 499TH APPLICANT FALECK MUZUNGU 500TH APPLICANT TERENCE MUCHACHA 501ST APPLICANT BERNARD MUKWENDE 502ND APPLICANT JOSEPH FASHU 503RD APPLICANT VUYAYIMOSE MAPEPA 504TH APPLICANT PIET MUPARURI 505TH APPLICANT CHENJERAI SHUMBAIWE 506TH APPLICANT SIMON MBENENE 507TH APPLICANT FAUEL MAPIYE 508TH APPLICANT URAYAI CHIFAMBA 509TH APPLICANT RAKABOPA GILGERT 510TH APPLICANT TOMAS CHARUMANGWE 511TH APPLICANT SERVEMORE MACHINGURA 512TH APPLICANT FORTUNATE MASVOBHO 513TH APPLICANT FARISAI MUDYAHOTO 514TH APPLICANT ASANIEL MANYUDZA 515TH APPLICANT CHIPO MANDISHONA 516TH APPLICANT MARGIE JONHERA 517TH APPLICANT vs GREAT ZIMBABWE UNIVERSITY 1ST RESPONDENT KAINOS MVERECHA 2ND RESPONDENT SINIKIWE GWATIDZO 3RD RESPONDENT JOHN JAMELA 4TH RESPONDENT ANDRIAS CHINYOKA 5TH RESPONDENT DEVISON PAKAI 6TH RESPONDENT JABULANI DENHERE 7TH RESPONDENT EPHRAIM GWARAVANDA 8TH RESPONDENT HIGH COURT OF ZIMBABWE WAMAMBO J MASVINGO, 13 June,2019 & 23 April, 2021 Opposed matter C. Mucheche for the applicant M. Jaravaza for the respondents WAMAMBO J: The applicants seek the following relief: - The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quo ante is restored.The first respondent shall reinstate all the applicants original pension benefit in the form of employer contribution rate of 17,29% and Group Life Assurance benefit of four times annual salary with retrospective effect reckoned from such effective date of reduction.The respondents shall pay costs of suit on a legal practitioner client scale jointly and severally the one paying, the other to be absolved. The background to the matter is as follows; The applicants are employed by the 1st respondent in various capacities as academic and non-academic staff. First respondent is the Great Zimbabwe University Second to eight respondents are members of the Board of Trustees of Great Zimbabwe University (hereinafter referred to as the Board of Trustees) who made the decision at the centre of the dispute. On 17 January 2017 the Board of Trustees pursuant to a meeting held on 8 December 2016 resolved as follows: "To formalise the reduction of employer contribution rate from 17,29% to 7,5% which is what the government is paying for all state universities effective October 2012. To reduce Group Life Assurance benefit from four times to two times annual salary effective 1st January 2017. This decision was reached after intense discussions to realign risk benefits and retirement benefits. This was meant to boost retirement benefits for members as it was noted that there was no surrender value of GLA if members did not die but proceed to retire. The vote was unanimous in favour of the resolution." It is the above decision which the applicants seek to impinge in this application. The respondents are opposed to the application. The respondent however raised points in limine. The points in limine raised are as follows: Citation of 2nd to 8th respondent is irregular and renders the application a nullity The citation of 1st respondent is irregular. Flowing from the 1st and 2nd points in limine it was submitted that the purported application is a nullity as there are no respondents before the court. The fourth point in limine is that the application is invalid because the applicants chose the application procedure wherein there are discernible disputes of fact. The fifth point in limine raised is that citation of the Trustees of the Pension Fund in their personal capacities is irregular and renders the application a nullity. It can be gleaned from the above that the central or main point in limine when one considers all of the points in limine as a whole, is that the respondents were cited wrongly and improperly. The other point in limine deals with the submission that the application procedure was improperly and wrongly employed in a matter where there are discernible disputes of facts incapable of resolution in an application. Flowing there from is that the applicants should have proceeded by way of trial procedure. Mr Jaravaza for the applicants made detailed submissions in support of the points in limine raised. These can be summarised as follows: 2nd to 8th respondents are cited in their personal capacities yet they are referred to in the application as trustees of the Board of Trustees. The applicants should have proceeded against the Great Zimbabwe University Pension Fund. In the circumstances there are effectively no respondents. Citation of the 2nd to 8th respondents in their personal capacities was wrong at law as it should have been alleged that their conduct was beyond their official duties. It was further submitted that there was a mis-citation as opposed to a misjoinder. It was submitted that 1st respondent does not administer the Pension Fund and is not the one which set up or came up with the decision which applicants seek to impugn. It was pointed out that disputes of fact encapsulated in the heads of argument favoured the action as opposed to the application procedure. Mr Mucheche for the respondents was clearly of a different view. He argued that 2nd to 8th respondents were not cited in their personal capacities but as trustees who were part of the decisions that are central to this application. He cited Rule 87 of the High Court Rules, 1971 of which reads in part as follows: No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interest of the persons who are parties to the cause of matter." Mr Mucheche further relied on sections 170-171 of the Constitution. He also relied on Rule 4 C of the High Court Rules 1971, which provides as follows: "The court or a Judge may in relation to any particular case before it or him, as the case may be- direct, authorised or condone a departure from any provision of these rules, including an extension of ay period specified therein where it or he, as the case may be, is satisfied that the departure is required in the interests of justice give such directions as to procedure in respect of any matter not expressly provided for in these rules as appear to it or him, as the case may be to be just and expedient it was submitted for the applicants that the 2nd to 8th respondents were party to an illegal decision. Further that 1st respondent is deeply linked to the Great Zimbabwe University Pension Fund as without the 1st respondent there would be no Great Zimbabwe University Pension Fund. That 1st respondent is implicit an accomplice in the illegal decision which caused prejudice to the applicants during and after their lifetime”. It was also submitted that there are no material disputes of fact and in any case that the Court can adopt a robust approach. In Marange Resources (Private) Limited v Core Mining and Minerals (Private) Limited (in liquidation) Moses Chinhengo (Retired Judge) N.O, President of the Law Society of Zimbabwe N.O, Attorney General of Zimbabwe N.O SC 37/16. The Supreme Court at page 7 is stated as follows: The need for the proper citation of the parties is highlighted in Cilliers AC. estal in Hebster and van Winsen's. The Civil Practice of the High Courts of South Africa, 5th Edition vol 1 page 143 as follows: "Before one cites a party in a summons or in application proceedings, it is important to consider whether the party has locus standi to sue or be sued (legitima persona standi in Judicio) and to ascertain what the correct citation of the party is." At page 9 of the said Marange Resources Private Limited judgement (supra) the Supreme Court said: - "The case of CT Bolts Pvt Ltd v Workers Committee SC 16/12 involved a wrong respondent and it was held that a workers committee not being a legal persona is not properly before this court. The proceedings as before the Labour Court and prior to that the arbitrator were similarly void. Again a wrong party this time an applicant sued in Gweru Water Workers Committee v City of Gweru SC 25/15 and MALABA DCJ remarked as follows: "The appellants claimed on behalf of the employees. If workers committee can only represent the interests of the employees who appointed or elected it at the workplace. It cannot substitute itself for the employees and claim their rights in litigation. The right to sue accrues to the employees and their individual capacities can enforce the rights. The employees would be claiming rights under contracts of the employment within their employer. A universitas personarum would not have a right to sue for those rights when it is not party to any of the contracts of employment. Representation in terms of S24(1) of the (Labor Act) and does not mean that a person or body would have the right to substitute itself in place of the employees is party to the proceedings. Thus the fate of an application while a wrong party is cited as clear. "The proceedings cannot be sustained". First respondent’s pension scheme is administrated by the Great Zimbabwe University Pension Fund which is registered in terms of section 5 of the Pension and Provident Funds Act [Chapter 24:09]. One of the effects of registration of the fund is that it shall become a body corporate which can sue or be sued in its corporate name. The Pension Fund is not administered by any of the respondents. Admittedly 1st respondent is the employer of the applicants but the 2nd to 8th respondent are also clearly not the administrators of the Pension Fund. That they made the decisions or passed the resolution directly affecting the applicants does not make them administrators of the Pension Fund. I find in the circumstance that the respondents were wrongly cited in the sense that they should not have been parties in this matter. As earlier mentioned the miscitation of the respondents makes up the bulk of the points in limine through divided into separate points. It has not been advanced to me nor have I found a legal basis on which applicants should have been sued in their individual capacities in the circumstances of this case. I cannot employ Rule 4C of the Rules in the circumstances of this case. Clearly Rule 4C is applicable where there is a departure "from any provision of these rules" It cannot be argued on the other hand that the respondents are properly cited and then that Rule 4C should be employed. Why should Rule 4C be used when there has not been any departure from the Rules because according to applicants the respondents are properly before the Court. Upon finding that the respondent were miscited I need not deal with the issue of the disputes as raised by respondents. I therefore uphold the points limine on the miscitation of the respondents. To that end, I make the following order: The application is struck off from the roll.The applicants shall pay costs of suit jointly and severally the one paying the other to be absolved. Caleb Mucheche and Partners, applicants’ legal practitioners Dzimba Jaravaza and Associates, respondent’s legal practitioner. 29 HMA 24 -21 HC 224 - 18 29 HMA 24 -21 HC 224 - 18 DANIEL KAMUNONGONA 1ST APPLICANT ELISHA KUFAKUNESU 2ND APPLICANT DORREN MADIRIRO 3RD APPLICANT ABEL MUKOZHO 4TH APPLICANT AUSTIN PISIRAI 5TH APPLICANT MIRIAM CHIPOKA 6TH APPLICANT KUDAKWASHE DZINOREVA 7TH APPLICANT TSVERUKAI GUNANGA 8TH APPLICANT CAESER CHENGETA 9TH APPLICANT SANDRA JUDITH WATADZAUSHE 10TH APPLICANT ABIGIRL MUGABE 11TH APPLICANT SIMBARASHE GUMBATI 12TH APPLICANT JOSEPHINE MUSHONGA 13TH APPLICANT DONNAH TARUSIKIRWA 14TH APPLICANT JULIA YULE 15TH APPLICANT SNODIA MAGUDU 16TH APPLICANT LELSON DHMBUZA 17TH APPLICANT IRVINE TABENGWA 18TH APPLICANT DAVIES KANGWARE MUTANDA 19TH APPLICANT JACK CHITSIKE 20TH APPLICANT CLEMENCE MUZONDO 21ST APPLICANT YONA ALOUIS NYATHI 22ND APPLICANT FAITH SIMON 23RD APPLICANT MERCY MATAMBO 24TH APPLICANT DANIEL TIRIVANHU 25TH APPLICANT BEAUTY MUSEKIWA 26TH APPLICANT MARY MATARUSE 27TH APPLICANT LANGTON GOZA 28TH APPLICANT NGONIDZASHE CHAWADYA 29TH APPLICANT SHELTER MUTEMBWA 30TH APPLICANT ZIONE T. MPOSA 31ST APPLICANT TAWANDA NYAMAREBVU 32ND APPLICANT INNOCENT VERENGA 33RD APPLICANT VONGAI MAKUSHA 34TH APPLICANT HALIMANI DOUGLAS 35TH APPLICANT CAMPION CHIROBA 36TH APPLICANT JOHN MARUMBWA 37TH APPLICANT BIZAH DZIKAMAI SHOKO 38TH APPLICANT WILLIAM MAKUMBE 39TH APPLICANT JAMES GUVURIRO 40TH APPLICANT CONSTANCIA MANDUDE 41ST APPLICANT PAULINE MUPUNGU 42ND APPLICANT MUNAMATO CHEMHURU 43RD APPLICANT RICHARD TIVAKUDZE 44TH APPLICANT PROMISE CHINORWIWA 45TH APPLICANT CAMPION MUGORONGI 46TH APPLICANT JOSEPH MUSIYIWA 47TH APPLICANT WEBSTER MUVENGERWI 48TH APPLICANT ANTONIA NDOVE 49TH APPLICANT EUPHURAGE RUGARA 50TH APPLICANT ZAKIEL MUZONDIREVA 51ST APPLICANT PATRICK ZIMANO 52ND APPLICANT VONGAI CHIDUZA 53RD APPLICANT NATSAI PISIRAI 54TH APPLICANT JANE ZHOU 55TH APPLICANT PENDUKA MILLION 56TH APPLICANT KENIAS MAGAISA 57TH APPLICANT ISAAC PLATO 58TH APPLICANT PATRICK TARISAI PARIDZIRAI 59TH APPLICANT BATANAI PEDZISAI 60TH APPLICANT CHRISTOPHER GOZHO 61ST APPLICANT JOANNAH TAKAINGOFA 62ND APPLICANT TOFARA RUGARA 63RD APPLICANT GARIKAYI MAKUYANA 64TH APPLICANT DAVID CHENJERAI MUDONDO 65TH APPLICANT EPHRAIM MATANDA 66TH APPLICANT LEDWIN CHIMWAI 67TH APPLICANT WATSON MUNYANYI 68TH APPLICANT MISHECK DIZA 69TH APPLICANT REDGES MANDIYAMBIRA 70TH APPLICANT NOMERCY NDOMORO 71ST APPLICANT PHOLOMINA CHIEDZA MBEDZI 72ND APPLICANT MAVEZERA TINASHE FRADRECK 73RD APPLICANT RUMBIDZAI ZANAMWE 74TH APPLICANT ALBERT GANHURE 75TH APPLICANT MUCHANETA DUBE 76TH APPLICANT ZVIREGEYI PHIRI 77TH APPLICANT MASUKU JEAN 78TH APPLICANT TURUSIDA ALBERT BHIRI 79TH APPLICANT COLLIN CHACHENGWA 80TH APPLICANT STANSILAUS MUTUVIRA 81ST APPLICANT EDSON KUMBIRAI 82ND APPLICANT JOHN NGOMAYEZWI 83RD APPLICANT CASIAN MAVHIMA 84TH APPLICANT LIZZY NETSAI DHORO 85TH APPLICANT TAFIREYI MASHAMBA 86TH APPLICANT SHEPHERD DERECK CHIKUNI 87TH APPLICANT CLOPAS KWENDA 88TH APPLICANT TSITSI MARE 89TH APPLICANT KUDZANAYI MAWEMA 90TH APPLICANT FREDRECK MAPURISA 91ST APPLICANT MARTIN MAKWEZA 92ND APPLICANT AMSON MOYO 93RD APPLICANT NORBERTA MADZIVANYIKA 94TH APPLICANT WILSON JETHRO BURENI 95TH APPLICANT BARBRA PAKARIMWA 96TH APPLICANT SENZENI MLAMBO 97TH APPLICANT WAYMAN TAKAWIRA 98TH APPLICANT RABSON MUJATI 99TH APPLICANT JOSIAH DUNATUNA 100TH APPLICANT ROSEMARY MACHUWE 101ST APPLICANT TAKAWIRA MASOMERE 102ND APPLICANT KUDAKWASHE NYATARE 103RD APPLICANT IGNATIUS MANYANYE 104TH APPLICANT MATILDA BHUNU 105TH APPLICANT MELLISA BERE 106TH APPLICANT FAMILIA ZIREBWA 107TH APPLICANT JOROBIAM MAHONDO 108TH APPLICANT TAPERA DUBE 109TH APPLICANT SHERON MATAVIRE 110TH APPLICANT NHAMO MANGWANA 111TH APPLICANT JEOFREY (DR) MTEMERI 112TH APPLICANT LLOYD NHODO 113TH APPLICANT TSORIYO WENDY WADZANAI 114TH APPLICANT BERNARD (DR) CHAZOVACHII 115TH APPLICANT G. DHLULA 116TH APPLICANT WILLARD NYAMUBARWA 117TH APPLICANT MUZVIDZIRWA RUTENDO FAITH 118TH APPLICANT HONEST MUPANI 119TH APPLICANT LUCAS KASENYA 120TH APPLICANT MARTISON NHAMO 121ST APPLICANT ALOIS MALULEKE 122ND APPLICANT SIBANDA MUGANDYA 123RD APPLICANT KUDAKWASHE MHASHU 124TH APPLICANT LASTBORN NGOMAI 125TH APPLICANT JANETH MATINGWENA 126TH APPLICANT PARDON MUNYAKA 127TH APPLICANT EMMANUEL MAZITI 128TH APPLICANT SAMSON ZIVANAI 129TH APPLICANT HERBERT ZIRIMA 130TH APPLICANT CHIPO MUTONHODZA 131ST APPLICANT GAMBE TAZVIONA 132ND APPLICANT AGNES NATSAI SIGWADHI 133RD APPLICANT JOICE MADIDIKE 134TH APPLICANT OSWELL RUSINGA 135TH APPLICANT MAXWELL CHUMA 136TH APPLICANT COWEN DZIVA 137TH APPLICANT MANASA SIBANDA DR 138TH APPLICANT SHINGAI RUGARA 139TH APPLICANT CHARLES DUBE 140TH APPLICANT SIMBARASHE GUKURUME 141ST APPLICANT ELIAS MADZUDZO 142ND APPLICANT TAONA MUSEVA 143RD APPLICANT GUMISAI TINOTENDA MUTANGI 144TH APPLICANT JACOB TAGARIROFA 145TH APPLICANT HARDLIFE STEPHEN BASURE 146TH APPLICANT LEONARD CHIRENJE 147TH APPLICANT JOSIAH TARU 147TH APPLICANT CHITONGA (DR) LEONARD 148TH APPLICANT MASHAVIRA NHAMO 149TH APPLICANT MUSHUKU ALIMOS 150ST APPLICANT CHINYANGANYA ITAI 151ST APPLICANT MABIKU TERAH 152ND APPLICANT NDLOVU COLLEN 153RD APPLICANT BUSHE TADZOSERWA 154TH APPLICANT MUROMBO SHYLET C. 155TH APPLICANT MARONDEDZE EVAN TINASHE 156TH APPLICANT JULY JAMES 157TH APPLICANT MUCHACHA PATHIOS 158TH APPLICANT CHIKUHWA H.T. 159TH APPLICANT MOYO (DR) NATHAN 160TH APPLICANT MAKAYE (DR) JERIPHANOS 161ST APPLICANT MUFANECHIYA ALBERT 162ND APPLICANT MANDIUDZA (DR) LEONA 163RD APPLICANT MAKWARA CONVENCE ENOCK 164TH APPLICANT RUZAVE JAMES 165TH APPLICANT SAGIYA EZEKIEL ADROPH 166TH APPLICANT MADONDO RODIA 167TH APPLICANT TENDAI PRAYMORE 168TH APPLICANT CHIGONGA MARTHER 169TH APPLICANT MAGOGO JANETH 170TH APPLICANT TAMBULA TSITSI SOPHINA 171ST APPLICANT MAFUTA OSCAR 172ND APPLICANT MUTUMBURANZOU RADIOS 173RD APPLICANT CHINONDO PHILLIP 174TH APPLICANT VUTETE NELSON 175TH APPLICANT MUZEZEWA ABINAS 176TH APPLICANT MAREGEDZE TOBIAS 177TH APPLICANT ZIVENGWA GIBSON 178TH APPLICANT NDOVE WEDZERAI 179TH APPLICANT TOM PANGANAI 180TH APPLICANT MUGABE PRISCA SENZIA 181ST APPLICANT NYAKUWANIKWA MOSES 182ND APPLICANT ZIVANOMOYO JAMES 183RD APPLICANT TADERERA TRAINOS DONALD 184TH APPLICANT DHLIWAYO CLARAH 185TH APPLICANT CHIRAMBAMURIVO PETER 186TH APPLICANT MASHINGAIDZE RONIA 187TH APPLICANT MAKAMURE JABULANI 189TH APPLICANT HAMADZIRIPI CHIMBUNDE 190TH APPLICANT CHIBAYA NELSON 191ST APPLICANT MATEWU KURWAISIMBA 192ND APPLICANT MUDZIVIRO MAXWELL 193RD APPLICANT CHAMAIDA JOHN 194TH APPLICANT KAMBEU CHIPO 195TH APPLICANT MUWANDI MISHECK 196TH APPLICANT MAGUTU TAVAPA 197TH APPLICANT ELIZABETH NDLOVU 198TH APPLICANT MADUKE MARTHA 199TH APPLICANT DUBE SITHABILE 200TH APPLICANT CHIDZANA CHIDZANA 201ST APPLICANT MUKANDI TENDAI 202ND APPLICANT CHIGWIDA HEDWICK 203RD APPLICANT MARASHE JOEL 204TH APPLICANT BHALA TIMOTHY 205TH APPLICANT KADODO WEBSTER 206TH APPLICANT RURINDA ELIAS 207TH APPLICANT MSWAZIE (DR) JONATHAN 208TH APPLICANT MAZURUSE (DR) MICKSON 209TH APPLICANT CHINDEDZA (DR) WINNET 210TH APPLICANT NYATONDO ROSE CONSTANCIA 211TH APPLICANT CHIDOKO CLAINOS 212TH APPLICANT MAKORE ALBERT 213TH APPLICANT MUTEMBWA BENARD 214TH APPLICANT DDZOMIRA (DR) SHEWANGU 215TH APPLICANT GUTU GUMISAI JACOB 216TH APPLICANT MAWERE (PROF) MUNYARADZA 217TH APPLICANT CHIWAURA HENRY 218TH APPLICANT MANDOVA (DR) EVANS 219TH APPLICANT DOMBO (DR) SYLVESTER 220TH APPLICANT KONYANA (DR) ELIAS 221ST APPLICANT MASITERA (DR) ERASMUS 222ND APPLICANT ZHOU SILIBAZISO 223RD APPLICANT MAFONGOYA OWEN 224TH APPLICANT DUBE LIKETSO 225TH APPLICANT MAPETERE (DR) KUDAKWASHE 226TH APPLICANT ZIMIDZI WEBSTER 227TH APPLICANT MAHUNDI PLAXCEDIA 228TH APPLICANT GONYE (ASS PROF) JAIROS 229TH APPLICANT MAREVA (DR) RUGARE 230TH APPLICANT JINGA (DR) NYARADZO 231ST APPLICANT MAPAKO FELIX PETROS 232ND APPLICANT NYONI MIKA 233RD APPLICANT MUNYARADZI GIVEWELL 234TH APPLICANT RUNESU ESTHER 235TH APPLICANT PEPUKE VICTOR 236TH APPLICANT SHERENI NEVA 237TH APPLICANT RUGARE SARAH 238TH APPLICANT TONDE 239TH APPLICANT CHINGWENDE OBVIOUS 240TH APPLICANT MALVIN BETA 241ST APPLICANT MABHURENI JACKSON 242ND APPLICANT MTERO BRIGHTON 243RD APPLICANT CHIWOMBEREGWA TAFIRENYIKA 245TH APPLICANT MLAMBO NOEL 246TH APPLICANT MANDAVA NEEDMORE TAWANDA 247TH APPLICANT MAVUNDA MERCY 248TH APPLICANT NDINDE SHADRECK 249TH APPLICANT MUTEMACHIMWE TENDAI 250TH APPLICANT SHAMANO (DR) PENIAH 251ST APPLICANT DUBE (DR) EDMORE 252ND APPLICANT HUMBE BERNARD PINDUKAI 253RD APPLICANT MADZOKERE (REV) NYASHA 254TH APPLICANT PHIRI MUNYARADZI 256TH APPLICANT MASAKA (DR) DENNIS 257TH APPLICANT MAZURU MICHAEL 258TH APPLICANT MAKAUDZE (ASS. PROF) GODWIN 259TH APPLICANT MUROMBEDZI TENDAYI 260TH APPLICANT MUSARA OTINIEL 261ST APPLICANT SAUNGWEME TALKNICE 262ND APPLICANT GUMBO LINDA CHENGETANAI 263RD APPLICANT MUNYARADZI DUVE 264TH APPLICANT MOYO TALAK 265TH APPLICANT CHIBAYA TENDAI 266TH APPLICANT MUNONGO K. SHALLONE 267TH APPLICANT SIMION MATSVAI 268TH APPLICANT HLUPEKO DUBE 269TH APPLICANT MUFANDAEDZA SHYLET 270TH APPLICANT MADOYI NELSON 271ST APPLICANT MAKARA SIMBARASHE 272ND APPLICANT MATURURA GIFT 273RD APPLICANT BEUCKS MARISA MUSIYAMWA 274TH APPLICANT IRENE GORE 275TH APPLICANT CHUMA LORRAINE 276TH APPLICANT MATANHIRE TINEYI 277TH APPLICANT MUZENDA TENDAI EUNICE 278TH APPLICANT MATOWE TATENDA 279TH APPLICANT MWALE REPAI 280TH APPLICANT KASENYA SIBIZIWE 281ST APPLICANT MAPANZURE SUSAN NAMATIRAI 282ND APPLICANT MAGUTA GETRUDE 283RD APPLICANT MAPAKO CECILIA NYEVERAI 284TH APPLICANT CHAKANYUKA SHUMBISAI 285TH APPLICANT BEREJENA SIMBARASHE KUDAKWASHE 286TH APPLICANT CHIDO MUCHENURWA 287TH APPLICANT RACHAEL MUROVE 288TH APPLICANT JOSELINE CHITOTOMBE 289TH APPLICANT POLITE MASVAURE 290TH APPLICANT EPHRAIM CHIFAMBA 291ST APPLICANT STEPHEN MUSHORIWA 292ND APPLICANT BEHAVIOUR CHINANGA 293RD APPLICANT CHARLES MUCHADYA 294TH APPLICANT C. MANDUDE 295TH APPLICANT GLADYS JONAS 296TH APPLICANT WADZANAYI CHIVAMBA 297TH APPLICANT HICKONIKO LOICE 298TH APPLICANT ADMIRE MUTSINDIKWA 299TH APPLICANT CALVIN BAMBA 300TH APPLICANT LIBERTY ZIDANA 301ST APPLICANT MUTAMBI MUTAMBU 302ND APPLICANT PATIENCE MAKESE 303RD APPLICANT FREEDMAN JOHN CHUMA 304TH APPLICANT WINIDZI MAKUMBE 305TH APPLICANT JOE OSCAR 306TH APPLICANT LOVEMORE MWANENGERA GUNANGA 307TH APPLICANT SIFIKILE SIBANDA 308TH APPLICANT SINIWA LOVERETTA 309TH APPLICANT EVELINE MUSHAVAIRE 310TH APPLICANT REBECCA BANDA 311TH APPLICANT ZODWA DUBE 312TH APPLICANT VONGAI MAKUMBE 313TH APPLICANT PHAROAH GOZO 314TH APPLICANT MODLINE MUTEMA 315TH APPLICANT PEDZISAI MUDYAHOTO 316TH APPLICANT RUMBIDZAI SIBANDA 317TH APPLICANT MARKS MUWANIKI 318TH APPLICANT FIONA SHUMA 319TH APPLICANT REBECCA MACHAWU 320TH APPLICANT BRIGHTON MUKAKA 321ST APPLICANT GRACE KAMWAZA 322ND APPLICANT RHODA NGIRAZI 323RD APPLICANT JEALOUS CHAITA 324TH APPLICANT WINNIE BUNU 325TH APPLICANT JIMMY NICHOLAS KAMBIZI 326TH APPLICANT OLIVARTH GUVURIRO 327TH APPLICANT SEBITAH MAGRET MABURUTSE 328TH APPLICANT THEBE SIMANGENKOSI 329TH APPLICANT MUKOTO MUKOTO 330TH APPLICANT CHIEDZA LINDA MAZHARA 331ST APPLICANT ZINYEKA SESEDZAI 332ND APPLICANT MARIA TAFUMA 333RD APPLICANT PATRICIA MANDIYAMBIRA 334TH APPLICANT BRIAN BANDA 335TH APPLICANT LAIZA CHENGETANAI 336TH APPLICANT MONICA CHINYAMA 337TH APPLICANT PETER MATSIKA 338TH APPLICANT SITHEMBISO NCUBE 339TH APPLICANT RURAMAI MADOYI 340TH APPLICANT SOFFIE NYAJENA 341ST APPLICANT MARCHFORD MAKAHAMADZE 342ND APPLICANT MERJURY MAJANGE 343RD APPLICANT EPHRAIM MAFUVA 344TH APPLICANT TAHONGAI FORTUNATE DAMBUDZO 345TH APPLICANT GEORGINA MAGWERE 346TH APPLICANT BENISA CHITIGA 347TH APPLICANT CLEMENCE CHIGUDU 348TH APPLICANT MIKE NYARADZO 349TH APPLICANT VONGAI MASUNDA 350TH APPLICANT THANDIWE DHLULA 351ST APPLICANT NOMATTER SIBINDI 352ND APPLICANT COSMAS GODFREY CHEMBESI 353RD APPLICANT ERASMUS HAMADZIRIPI 354TH APPLICANT TAKESURE KWASHIRAI 355TH APPLICANT BLESSING MUREVESI 356TH APPLICANT MUNYARADZI MUTSIKIWA 357TH APPLICANT RABSON MAGWEVA 358TH APPLICANT LOVERAGE CHAKAZAMBA 359TH APPLICANT JILSON ZIMUTO 360TH APPLICANT ALEXANDER MAPFUMO 361ST APPLICANT LIBERTY NGWARU 362ND APPLICANT PHILLIPA CHIMAMBANI 363RD APPLICANT CHIPO CHINODA 364TH APPLICANT CHIDYA MUBAIWA 365TH APPLICANT BEAULAR MPOFU 366TH APPLICANT PHINIAS NGATIANE 367TH APPLICANT JERICHO GAPU 368TH APPLICANT GRACE MANDZA 369TH APPLICANT ALIBETI VUSHE 370TH APPLICANT TAVA INNOCENT MAVEZA 371ST APPLICANT EDNA MAZAMBE 372ND APPLICANT MERCY SHARARA 373RD APPLICANT NYASHA TAVANHU 374TH APPLICANT FORTUNATE KUMUTSANA 375TH APPLICANT MUNYARADZI KUSEKA 376TH APPLICANT LYDIA CHABUDA 377TH APPLICANT R. 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Mucheche for the applicant M. Jaravaza for the respondents WAMAMBO J: The applicants seek the following relief: - The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quo ante is restored. The first respondent shall reinstate all the applicants original pension benefit in the form of employer contribution rate of 17,29% and Group Life Assurance benefit of four times annual salary with retrospective effect reckoned from such effective date of reduction. The respondents shall pay costs of suit on a legal practitioner client scale jointly and severally the one paying, the other to be absolved. The background to the matter is as follows; The applicants are employed by the 1st respondent in various capacities as academic and non-academic staff. First respondent is the Great Zimbabwe University Second to eight respondents are members of the Board of Trustees of Great Zimbabwe University (hereinafter referred to as the Board of Trustees) who made the decision at the centre of the dispute. On 17 January 2017 the Board of Trustees pursuant to a meeting held on 8 December 2016 resolved as follows: "To formalise the reduction of employer contribution rate from 17,29% to 7,5% which is what the government is paying for all state universities effective October 2012. To reduce Group Life Assurance benefit from four times to two times annual salary effective 1st January 2017. This decision was reached after intense discussions to realign risk benefits and retirement benefits. This was meant to boost retirement benefits for members as it was noted that there was no surrender value of GLA if members did not die but proceed to retire. The vote was unanimous in favour of the resolution." It is the above decision which the applicants seek to impinge in this application. The respondents are opposed to the application. The respondent however raised points in limine. The points in limine raised are as follows: Citation of 2nd to 8th respondent is irregular and renders the application a nullity The citation of 1st respondent is irregular. Flowing from the 1st and 2nd points in limine it was submitted that the purported application is a nullity as there are no respondents before the court. The fourth point in limine is that the application is invalid because the applicants chose the application procedure wherein there are discernible disputes of fact. The fifth point in limine raised is that citation of the Trustees of the Pension Fund in their personal capacities is irregular and renders the application a nullity. It can be gleaned from the above that the central or main point in limine when one considers all of the points in limine as a whole, is that the respondents were cited wrongly and improperly. The other point in limine deals with the submission that the application procedure was improperly and wrongly employed in a matter where there are discernible disputes of facts incapable of resolution in an application. Flowing there from is that the applicants should have proceeded by way of trial procedure. Mr Jaravaza for the applicants made detailed submissions in support of the points in limine raised. These can be summarised as follows: 2nd to 8th respondents are cited in their personal capacities yet they are referred to in the application as trustees of the Board of Trustees. The applicants should have proceeded against the Great Zimbabwe University Pension Fund. In the circumstances there are effectively no respondents. Citation of the 2nd to 8th respondents in their personal capacities was wrong at law as it should have been alleged that their conduct was beyond their official duties. It was further submitted that there was a mis-citation as opposed to a misjoinder. It was submitted that 1st respondent does not administer the Pension Fund and is not the one which set up or came up with the decision which applicants seek to impugn. It was pointed out that disputes of fact encapsulated in the heads of argument favoured the action as opposed to the application procedure. Mr Mucheche for the respondents was clearly of a different view. He argued that 2nd to 8th respondents were not cited in their personal capacities but as trustees who were part of the decisions that are central to this application. He cited Rule 87 of the High Court Rules, 1971 of which reads in part as follows: No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interest of the persons who are parties to the cause of matter." Mr Mucheche further relied on sections 170-171 of the Constitution. He also relied on Rule 4 C of the High Court Rules 1971, which provides as follows: "The court or a Judge may in relation to any particular case before it or him, as the case may be- direct, authorised or condone a departure from any provision of these rules, including an extension of ay period specified therein where it or he, as the case may be, is satisfied that the departure is required in the interests of justice give such directions as to procedure in respect of any matter not expressly provided for in these rules as appear to it or him, as the case may be to be just and expedient it was submitted for the applicants that the 2nd to 8th respondents were party to an illegal decision. Further that 1st respondent is deeply linked to the Great Zimbabwe University Pension Fund as without the 1st respondent there would be no Great Zimbabwe University Pension Fund. That 1st respondent is implicit an accomplice in the illegal decision which caused prejudice to the applicants during and after their lifetime”. It was also submitted that there are no material disputes of fact and in any case that the Court can adopt a robust approach. In Marange Resources (Private) Limited v Core Mining and Minerals (Private) Limited (in liquidation) Moses Chinhengo (Retired Judge) N.O, President of the Law Society of Zimbabwe N.O, Attorney General of Zimbabwe N.O SC 37/16. The Supreme Court at page 7 is stated as follows: The need for the proper citation of the parties is highlighted in Cilliers AC. estal in Hebster and van Winsen's. The Civil Practice of the High Courts of South Africa, 5th Edition vol 1 page 143 as follows: "Before one cites a party in a summons or in application proceedings, it is important to consider whether the party has locus standi to sue or be sued (legitima persona standi in Judicio) and to ascertain what the correct citation of the party is." At page 9 of the said Marange Resources Private Limited judgement (supra) the Supreme Court said: - "The case of CT Bolts Pvt Ltd v Workers Committee SC 16/12 involved a wrong respondent and it was held that a workers committee not being a legal persona is not properly before this court. The proceedings as before the Labour Court and prior to that the arbitrator were similarly void. Again a wrong party this time an applicant sued in Gweru Water Workers Committee v City of Gweru SC 25/15 and MALABA DCJ remarked as follows: "The appellants claimed on behalf of the employees. If workers committee can only represent the interests of the employees who appointed or elected it at the workplace. It cannot substitute itself for the employees and claim their rights in litigation. The right to sue accrues to the employees and their individual capacities can enforce the rights. The employees would be claiming rights under contracts of the employment within their employer. A universitas personarum would not have a right to sue for those rights when it is not party to any of the contracts of employment. Representation in terms of S24(1) of the (Labor Act) and does not mean that a person or body would have the right to substitute itself in place of the employees is party to the proceedings. Thus the fate of an application while a wrong party is cited as clear. "The proceedings cannot be sustained". First respondent’s pension scheme is administrated by the Great Zimbabwe University Pension Fund which is registered in terms of section 5 of the Pension and Provident Funds Act [Chapter 24:09]. One of the effects of registration of the fund is that it shall become a body corporate which can sue or be sued in its corporate name. The Pension Fund is not administered by any of the respondents. Admittedly 1st respondent is the employer of the applicants but the 2nd to 8th respondent are also clearly not the administrators of the Pension Fund. That they made the decisions or passed the resolution directly affecting the applicants does not make them administrators of the Pension Fund. I find in the circumstance that the respondents were wrongly cited in the sense that they should not have been parties in this matter. As earlier mentioned the miscitation of the respondents makes up the bulk of the points in limine through divided into separate points. It has not been advanced to me nor have I found a legal basis on which applicants should have been sued in their individual capacities in the circumstances of this case. I cannot employ Rule 4C of the Rules in the circumstances of this case. Clearly Rule 4C is applicable where there is a departure "from any provision of these rules" It cannot be argued on the other hand that the respondents are properly cited and then that Rule 4C should be employed. Why should Rule 4C be used when there has not been any departure from the Rules because according to applicants the respondents are properly before the Court. Upon finding that the respondent were miscited I need not deal with the issue of the disputes as raised by respondents. I therefore uphold the points limine on the miscitation of the respondents. To that end, I make the following order: The application is struck off from the roll. The applicants shall pay costs of suit jointly and severally the one paying the other to be absolved. Caleb Mucheche and Partners, applicants’ legal practitioners Dzimba Jaravaza and Associates, respondent’s legal practitioner.