Mazowe Mining Company v Associated Mine Workers Union of Zimbabwe and Reggie Saruchera and Cecil Madondo and The Master of the High Court and The Honourable Moses Chinhengo N.O.

HH 296-23

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Case Details

Court

Harare High Court

Date

15 May 2023

Citation

HH 296-23

Neutral Citation

[2023] ZWHH 296

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Arbitration LawLabour LawCorporate Law

Keywords

Arbitral AwardPublic PolicyCurrency ConversionLocus Standi

Key Issues

{"issue_text":"Whether the union had locus standi to sue on behalf of its members in arbitration","issue_type":"procedural","dispositive":"yes","related_facts":"Union represented employees but was not party to employment contracts"}
{"issue_text":"Whether the arbitral award conflicted with public policy by departing from SI 33/2019 currency conversion rules","issue_type":"law","dispositive":"yes","related_facts":"Award ordered payment at prevailing exchange rate contrary to 1:1 conversion"}

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background

Facts of the Case

Background

The Associated Mine Workers Union of Zimbabwe obtained an arbitral award against Mazowe Mining Company for payment of outstanding wages totaling US$14,049,737.00. The mining company, under corporate rescue, applied to set aside the award on grounds of public policy conflict and the union's lack of locus standi to sue on behalf of its members.

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