Nyashadzashe Ndoro - Chief Reporter
The Constitutional Court has dismissed Housing Corporation of Zimbabwe’s (HCZ) attempt to pocket US$22 million from the National Social Security Authority (NSSA).
Back in 2017, HCZ signed a deal to build 8,000 houses for NSSA. NSSA paid US$16 million upfront, but HCZ delivered only 53 houses. The fallout led to court battles.
An arbitrator later ordered NSSA to pay HCZ US$22 million in damages, but the Supreme Court overturned that, saying it would be against public policy to reward a company that failed to deliver.
NSSA’s lawyer, Thabani Mpofu had argued that HCZ could not be paid millions “for doing nothing.”
HCZ’s lawyers, Lovemore Madhuku and Lewis Uriri, took the matter to the Constitutional Court, claiming their rights had been violated.
But three judges—Bharat Patel, Ben Hlatshwayo, and Paddington Garwe—ruled that there was no constitutional issue.
“It is a settled position that the Supreme Court is the final court of appeal in all non-constitutional issues. Section 169 (1) of the Constitution states that the Supreme Court is the final court of appeal except for matters where the Constitutional Court has jurisdiction. Therefore, by constitutional command, its decisions are final and non-appealable," the ruling declares.
The judges said HCZ was simply unhappy with the Supreme Court’s decision, which is not the same as a violation of rights.
The ConCourt dismissed the application for direct access, with no order as to costs.
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