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null-18.pdf - Labour Law in Zimbabwe Lovemore Madhuku...

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475CHAPTER FIFTEENSTATEEMPLOYMENTIntroductionPersons who provide service to the State fall into a variety of categories.The most important are:The President, Vice-Presidents and MinistersJudges, magistrates and other persons presiding over courtsMembers of Parliament, including the presiding officers ofParliamentAttorney GeneralProsecutor GeneralMembers of Provincial Councils, including chairpersons ofprovincial councilsMembers of commissions established by the ConstitutionAuditor GeneralThe Civil Service, including Permanent Secretaries.Staff of ParliamentCommander of the Defence Forces and members of the De-fence Forces.Commissioner General of Police and members of the PoliceService.Commissioner General of Prisons and Correctional Serviceand members of the Prisons and Correctional ServiceDirector General of Intelligence Services and members of the
476Labour Law in ZimbabweIntelligence ServicesEmployees of Commissions established by the CommissionEmployees of provincial and metropolitan councilsAll these persons, for purposes of labour law, are in two groups:officeholdersandemployees.Office holdersNot every rendering of personal services to the State is governed bylabour law; some are governed exclusively by constitutional law (in itsexpanded sense of including administrative law). Where the renderingof services is governed by constitutional law, the rights and duties of theoffice-holders are determined by that law. The courts which have juris-diction to deal with any dispute arising therefrom are the High Court,Supreme Court and Constitutional Court. An office-holder is not anemployee in the labour law sense but has rights and duties. To estab-lish those rights and duties, focus must turn to constitutional law. It isoutside the scope of this book to pursue that line. It is sufficient to saythat persons falling into the category of office-holders not governed bylabour law are:President, Vice-President and Ministers;Judges;Members of Parliament and members of provincial and metro-politan councils including the presiding officers;The Clerk of Parliament;Attorney General, Prosecutor General and Auditor General;Members of Commissions established by the Constitution;Commander of the Defence Forces, Commissioner Generalof Police, Commissioner General of Prisons and CorrectionalService and Director General of Intelligence Services.A case in point isZvoma v Moyo NO & Ors.

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Term
Fall
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Tags
Law, Civil service

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