Indeed the use of the word “and” between sections 12(B)(3)(B)(i) and (ii) shows that both sub-sections must be interpreted jointly and not separately. It was going to be a different case if the legislature had used a word such as “or” which would give a claimant an option to prove legitimate expectation alone without worrying about wether someone was employed in their stead.
TelOne (Pvt) Ltd v Chigaazira (SC70/17)
Indeed the use of the word “and” between sections 12(B)(3)(B)(i) and (ii) shows that both sub-sections must be interpreted jointly and not separately. It was going to be a different case if the legislature had used a word such as “or” which would give a claimant an option to prove legitimate expectation alone without worrying about wether someone was employed in their stead.