adminMasvingo City Council Workers’ Committee, Zimbabwe Urban Council Workers’ Union and Labour Court president Loice Matanda-Moyo were listed as respondents in the matter.
Labour Court president Matanda-Moyo is the one who rescinded an earlier order she gave in error.
The “erroneous” order had been made in favour of the municipality and it had an effect of stopping the sale of council property in settlement of the $3,5 million debt.
In the High Court, council argues that the Labour Court had no power to rescind its own earlier decision.
“She (Matanda-Moyo) purported to exercise a common law power to rescind a judgment made in error, which power cannot be exercised by the Labour Court or a president of the Labour Court.
“Such power can only be exercised by a court of inherent jurisdiction, which the Labour Court is not,” reads part of the application.
City of Masvingo argues that it was never granted an opportunity to be heard in the proceedings that led to the rescission of the judgment.
It is also council’s argument that the whole process was riddled with irregularities and that it should also be rescinded.
Masvingo has so far lost several urgent chamber applications to stop execution of the $3,5 million award at the High Court and it had turned to the Labour Court through a different application.
Online Reporter