Lillian Kudya

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Lillian Kudya is a Zimbabwean lawyer and a judge of the Labour Court.

Education

Lillian Kudya is a qualified lawyer who also holds a Masters degree in Women’s Law, joined the Ministry of Justice and Legal Affairs in 1992 as a magistrate.[1]

Career

She rose through the ranks to the highest grade of regional magistrate. At the Harare Magistrates’ Court, Lillian Kudya was known for handling high profile cases.

In 2009, Mrs Kudya joined the Legal Resources Foundation as a legal research officer, a position she held until her appointment to the Labour Court in 2011.[1]

Notable Rulings

ZACC Appeal

In 2014, Lillian Kudya granted the Zimbabwe Anti-Corruption Commission permission to approach the Supreme Court and contest an arbitrary award of US$1,5 million made in favour of its 26 investigators and intelligence officers as outstanding allowances.

ZACC’s appeal had been struck off the roll at the Supreme Court, but the commission successfully launched a second bid to have its matter heard at the superior court.

The anti-graft body was also challenging the writ of execution that the workers obtained at the High Court to attach the property to recover money owed to them.[2]

In 2016, Kudya and Lawrence Murasi ordered ZACC to pay its employees over $1,5 million after dismissing the commission’s claim that the court’s last judgment contained a patent error.

Zacc had filed a Labour Court application in terms of Section 92C of the Labour Act (Chapter 28:01), challenging the court’s ruling, arguing it contained a patent error and wanted it corrected.

Zacc had contested a paragraph in the judgment that read: “The benefits… to be paid with effect from the date of appointment in terms of contracts of employment.”

In its argument, the commission said it feared that employees would use the order to reap benefits, which were not due to them. ZACC had been taken to court by 26 investigators for failure to honour its obligations pertaining to the benefits the workers were supposed to get.

The employees cited unfair labour practices following an alleged variation of their employment contracts and the absence of conditions of service.

When the matter was taken to court, the employees won the court battle, that had been dragging on for years, prompting the commission to challenge the court’s ruling.[3]

Chitungwiza Municipality

In 2019, Lillian Kudya ordered Chitungwiza Municipality to reinstate 104 workers it unlawfully dismissed in 2015 within 30 days.

Chitungwiza Municipality terminated the contracts of the 104 employees on notice the same day the Labour Amendment Act No. 5/2015 was promulgated and the workers alleged non-compliance with the law in those terminations.[4]

ZMDC

On April 3, 2019, Kudya ordered the Zimbabwe Mining Development Corporation (ZMDC) to pay over $340 330 in outstanding salaries and terminal benefits to seven former employees. On May 22, 2019, High Court judge Justice Mary Zimba-Dube upheld Lillian Kudya's order after the former workers approached the High Court accusing the ZMDC of failing to pay them their dues despite a judgment issued in their favour by the Labour Court.[5]

References

  1. 1.0 1.1 Daniel Nemukuyu, 2 lawyers sworn in as Labour Court presidents, The Herald, Published: May 23, 2011, Retrieved: July 17, 2021
  2. Daniel Nemukuyu, Relief for ZACC, The Herald, Published: March 5, 2014, Retrieved: July 17, 2021
  3. CHARLES LAITON, Anti-corruption commission loses to employees, NewsDay, Published: January 25, 2016, Retrieved: July 17, 2021
  4. Yeukai Karengezeka, Chitungwiza ordered to reinstate 104 fired workers, The Herald, Published: May 29, 2019, Retrieved: July 17, 2021
  5. High court orders ZMDC to pay over $340 330 outstanding salaries, Mining Zimbabwe, Published: May 31, 2019, Retrieved: July 17, 2021

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