Labour Court slams ministry for bungling

Published: 29 August 2017

The Ministry of Public Service, Labour and Social Welfare has been slammed for bungling, which has seen the clandestine registration of a trade union without following the provisions of the law.

Labour Court judge Justice Emilia Muchawa blasted the Registrar of Labour in the ministry for issuing out a registration certificate to Zimbabwe Footwear Tanners & Allied Workers Union (ZFTAWU) in total disregard of the law. The court, forthwith, revoked a registration certificate that had been unlawfully issued to ZFTAWU.

Another union, Zimbabwe Leather Shoe &Workers' Union (ZLSWU), which was enjoying monopoly in the industry, was opposed to the registration of ZFTAWU. The Registrar in 2015 dismissed a request for registration by ZFTAWU, but under unclear circumstances and unbeknown to other opposing unions, the same office issued out the certificate a year later.

Justice Muchawa revoked the union's registration, describing the Registrar's conduct as clear abuse of office. "This court is horrified by the level of abuse of office displayed in this matter," she said. "The second respondent (Registrar of Labour) acted, in all respects, contrary to the laid down statutory provisions.

"The Registrar of Labour is charged with the responsibility of registering trade unions. There are clear procedures to be followed. "It is incumbent on the Registrar to act as stated in Sections 33, 36, 42, 43 and 45 of the Labour Act."

Justice Muchawa said the Registrar, a Ms Simango, turned a blind eye on the provisions of the law. Ms Simango, according to the judgment, acted in a suspicious manner when she signed a deed of settlement in an already dead court case, in a desperate attempt to resuscitate it to ZFTAWU's advantage.

In the said deed of settlement, ZLSAWU was never involved. Justice Muchawa said Ms Simango's actions smacked of some unholy alliance with ZFTAWU. "She was cited in the appeal matter (at Labour Court) as a decision maker," she said.

"She, however, proceeded to be party to the irrelevant papers placed before the court. How could she purport to sign a deed of settlement in manner in which the interested parties were the applicant and the first respondent and she had been cited in the official capacity as a decision maker?

"What was she settling in the absence of the applicant (ZLSAWU)?

"The matter smacks of connivance, particularly as the registration follows three days after the signing of the deed of settlement." Justice Muchawa described the Registrar's conduct as "grossly irregular" and deserving censure of the court.

"The registration of first respondent by the Registrar dated May 30 2016 be and is hereby revoked forthwith," she ruled.
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