Busanisizwe Ndlovu v Admire Mudzonga and 8 Others and Energy Sector Workers Union of Zimbabwe

HB 29-19

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Case Details

Court

Bulawayo High Court

Date

28 February 2019

Citation

HB 29-19

Neutral Citation

[2019] ZWHB 29

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Trade Union LawConstitutional InterpretationLocus Standi

Keywords

Trade union constitutionNational Executive CommitteeUnion membershipLocus standi

Key Issues

{"issue_text":"Does the applicant have locus standi to bring legal proceedings on behalf of the union?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is president but not National Executive Committee; Article 19(b)(6) vests power in National Executive Committee"}
{"issue_text":"Is this application urgent?","issue_type":"procedural","dispositive":"no","related_facts":"Alleged irreparable harm to union funds and governance"}

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Facts of the Case

Background

The applicant, president of the Energy Sector Workers Union of Zimbabwe, sought urgent interdictory relief against 8 respondents who were former union members dismissed from employment in April 2018. The respondents had allegedly called an unlawful meeting and recalled the applicant from his position. The application sought to protect the union's interests and funds from being controlled by non-members.

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