Zwane v Judicial Service Commission and Others (421/2015(B)) [2016] SZHC 240 (16 December 2016)

The matter commenced before the Industrial Court by Applicant seeking for orders against the respondents to comply with certain terms and conditions of the contract of employment between respondents and herself. First respondent took the view that it would abide by the court's decision. The second and third defendants in answer, disassociated themselves from the contract sought to be enforced, contending that it was null and void by reason that first respondent acted ultra vires when it concluded it. On this defence, first respondent decided to join the fray in support of applicant's application asserting that the answer raises constitutional issues. The learned Judge a quo ruled in favour of first respondent and the matter was referred to this court.