Court throws out BMWU case

Justice Tapiwa Marumo struck down the case on the grounds that the application was flawed as no attempts were made to describe other parties. "The deponent is silent on the remaining 677 other applicants, and has not sought to establish a relationship, if any, between the first applicant and 677 other applicants. For the record, therefore, we do not know who the applicants are, nor whom they are represented by," she said.

The judge added that even attorney Patson Yamikene, who appeared for the applicant, failed to pick up on the vital defect. "In addition, the founding affidavit has not described the respondents nor established any relationship between the applicants and the respondents. Reference is made to "employees", who have not been identified for the record. This is a fundamental flaw in the evidence of the applicants because in the absence of this information the court and the respondents do not know whom they are dealing with," said Marumo.