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Mashudu Netsianda, Senior Court Reporter
REDCLIFF Municipality has approached the High Court seeking a stay of execution following the attachment of its property by workers after council failed to implement a Labour Court order to settle workers’ salary arrears of about $495 906.
The local authority owes its workers’ salaries dating back to 2009.
Council through its lawyers, Wilmot and Bennett Legal Practitioners, filed an urgent chamber application at the Bulawayo High Court citing the Zimbabwe Urban Councils Workers’ Union (ZUCWU), which is representing the workers, as the respondent.
Redcliff Municipality wants its workers to be interdicted from proceeding with the execution of its property following an order obtained under Case Number HC3111/11.
The workers were granted a default judgment for the registration of an arbitration award in September 2011 and the council was ordered to pay $495 906,82. The registration of the arbitral award is for purposes of enforcement in terms of section 98 (13) of the Labour Relations Act. In his founding affidavit, Redcliff Municipality acting chamber secretary, Mr Henry Staben Muza, wants ZUCWU to be blocked from executing the order pending council’s application for rescission of the default judgment filed under Case Number HC993/18.
Mr Muza said the workers obtained a default judgment because there was a communication breakdown between council lawyers and legal practitioners representing the employees. “On 7 March 2018 and upon making an application for postponement of the main application before Justice Nicholas Mathonsi, the applicant’s request was turned down and default judgment was granted for the registration of the arbitral award because the court felt the postponement was not justified,” he said.
Mr Muza said the application for registration of the arbitral award was not properly done before the court.
He challenged ZUCWU branch manager, Mr Matthias Mandaza’s, capacity and authority to depose to the founding affidavit on behalf of the workers. He argued that in terms of the trade union’s constitution, Mr Mandaza had no authority to institute legal proceedings in the name of ZUCWU.
“In order for the application for registration of the arbitral award to be properly before this honourable court and the application to be valid, the deponent to the founding affidavit should have pointed out the provisions of the respondent’s constitution which he derives authority to initiate the application for registration of the arbitral award on behalf of ZUCWU. The application for registration of the arbitral award therefore ought not to have been entertained by this honourable court,” he said.
Mr Muza said some of the people on the list of employees have since left council for various reasons and had either their terminal benefits settled or entered into arrangements or agreements for payment of such benefits.
He said council would suffer irreparable harm if the workers are allowed to execute the court order.
“The amount involved in this matter is close to half-a-million dollars and would therefore put the council out of business if the order is executed as almost everything the council owns would be attached to fulfil the order. This would also have severe repercussions for the residents of Redcliff who rely on council for provision of services,” he said.
Redcliff Municipality has not been paying salaries on time resulting in a backlog in the payment of salary arrears backdating to 2009.
The disgruntled employees are accusing council management of negotiating in bad faith resulting in the impasse to the collective bargaining agreement.
The arbitrator awarded an arbitral award but the local authority failed to pay the money. — @mashnets
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