NEC BOSSES ACQUITTED OF CONTEMPT OF COURT CHARGES

The acquittal marks a significant victory for the NEC executives, who maintained their innocence throughout the proceedings.

Peter Tanyanyiwa

EXECUTIVES at the National Employment Council (NEC) for the Medical and Allied Industries have been acquitted of contempt of court charges after the State failed to establish a case against them.

The ruling, delivered by magistrate Tapiwa Banda at the Harare Magistrates Court, centred on allegations that the NEC executives had failed to implement a High Court order issued by Justice Musithu in July last year.

The order required them to recognise Miss T. Barangwe and her team as the legitimate leadership of the Medical Professions and Allied Workers Union of Zimbabwe (MPAWUZ), for representation within the Council.

The State, through its sole witness, Tecla Barangwe, alleged that Brian Chabuka (NEC CEO) and Michael Sambo (NEC Deputy Chairperson) had wilfully disregarded Justice Musithu’s judgment by failing to convene a board meeting to enforce the ruling from February 6 this year.

However, magistrate Banda found the charges premature as the four-month compliance period had not yet expired. The magistrate clarified that the timeline for compliance only started on February 6 this year when the Supreme Court dismissed an appeal against the original High Court order.

“The accused are still within the four-month period to comply and they cannot be held in contempt while that time frame remains active,” magistrate Banda ruled.

The court also noted that implementing the High Court order before the Supreme Court’s decision would have been unlawful, as the pending appeal had automatically suspended the judgment.

The case, which has drawn attention to concerns over the weaponization of the justice system in labour disputes under the Labour Act, was decided based on Section 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07].

This provision mandates a not guilty verdict, if the prosecution fails to present sufficient evidence, at the close of its case.

The defence’s successful application for discharge rested on two key arguments – the absence of evidence proving an essential element of the offence and the unreliability of the State’s evidence.

The acquittal marks a significant victory for the NEC executives, who maintained their innocence throughout the proceedings.

Meanwhile, the executives have lodged a formal complaint with the police leadership questioning the circumstances of their arrest and detention.