Zimbabwe Sugar Milling Industry Workers Union and Foster Gono and Samuel Mubango and Taruvinga Mudenyaya vs The Minister of Labour, Public Service and Social Welfare (N.O.)

HMA 53-19

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Case Details

Court

Masvingo High Court

Date

8 November 2019

Citation

HMA 53-19

Neutral Citation

[2019] ZWHMA 53

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE J

Areas of Law

Labour LawAdministrative Law

Keywords

Trade unionElectionsMinisterial interventionInterim relief

Key Issues

{"issue_text":"Whether the Minister's decision to set aside the elections and order fresh elections should be suspended pending review","issue_type":"procedural","dispositive":"yes","related_facts":"Minister's letter dated 17 October 2019; existence of two factions; pending review application"}
{"issue_text":"Whether the applicants' faction should be allowed to run the Union's affairs pending the review","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants claim legitimate election on 6 October 2019; Minister set aside results"}
{"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Minister's directive for fresh elections; pending litigation"}

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Facts of the Case

Background

The leadership of the Zimbabwe Sugar Milling Industry Workers Union (ZISMIWU) is contested by two factions. Following elections held on 6 October 2019, the Minister of Labour set aside the election results and ordered fresh elections. The applicants from one faction sought urgent interim relief to suspend the Minister's decision and to have their faction recognized as the legitimate leadership pending review.

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