Vusumuzi Dube
Simba Jemwa, Online Reporter
THE Small to Medium Millers Association of Zimbabwe (SMMAZ) has won its Supreme Court appeal against a provisional High Court order staying registration of their first ever collective bargaining agreement (CBA) signed in March.
The order also blocked the SMMAZ from partaking in the negotiations on behalf of employer members.
SMMAZ had expelled GMAZ from the negotiations after it exposed GMAZ as an unregistered and genuine employers’ organisation.
The High Court interdict came after the defunct Grain Millers Employers Association of Zimbabwe (GMEAZ), acting on behalf of the Grain Millers Association of Zimbabwe (GMAZ) led by Mr Tafadzwa Musarara, petitioned the High Court for an urgent interdict stopping the collective bargaining agreement that was negotiated by the SMMAZ, Milling Industry Workers Union and National Employment Council for the Food and Allied industries in March this year in the absence of GMAZ.
SMMAZ then appealed to the Supreme Court and the case was heard by a panel of three judges who ruled in its favour this Tuesday.
Speaking to Sunday News Online, Mr Tapfuwa Mapfuwa the SMMAZ internal legal counsel for SMMAZ who instructed Professor Lovemore Madhuku to represent them together with the Milling Industry Allied Workers Union in this case, confirmed the Supreme Court judgement and the effect of the judgement while also revealing that they are currently awaiting the full judgement from the court.
“The Supreme Court judgement means that the Supreme Court recognises that SMMAZ is the only registered employer organisation in the milling industry. It was also unearthed that GMAZ is not a registered employer organisation in the milling industry. It had been operating fraudulently by misrepresentation to the public, even to Parliament and Zimbabwe at large that it was such.
“Upon being exposed by SMMAZ, GMAZ transmogrified into GMEAZ, a defunct employer organisation. In essence the judgement means, SMMAZ can now proceed to register the Collective Bargaining agreement which GMAZ through GMEAZ tried to block in order to protect their unlawful and monopoly interests in the milling industry,” Mr Mapfuwa told Sunday News Online.
SMMAZ Chairman Mr Davis Muhambi weighed in on the development adding that: “It’s a classic case of David vs Goliath in which our resolve to address a lot of shenanigans in the milling sector created by GMAZ and monopoly actors, stands towering above any other. We are determined to create a fair playing field for all millers, and in particular, the SME millers in Zimbabwe who have for years have been left feeling half orphaned by the actions of our counterparts. This victory marks the first of many that we face in our drive.” @RealSimbaJemwa
@RealSimbaJemwa
Online Reporter