Gokwe North Rural District Council v Zimbabwe Rural District Councils Workers Union

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/130/16
HELD AT HARARE ON 22nd FEBRUARY, 2016
CASE NO. LC/H/APP/1430/15
AND 4TH MARCH, 2016
X REF. LC/H/875/15
JUDGMENT NO. LC/H/130/16
---------




IN THE LABOUR COURT OF ZIMBABWE	       JUDGMENT NO. LC/H/130/16

HELD AT HARARE ON 22nd FEBRUARY, 2016   CASE NO. LC/H/APP/1430/15

AND 4TH MARCH, 2016			 	        X REF.       LC/H/875/15

In the matter between:-

GOKWE NORTH RURAL DISTRICT	COUNCIL			    Applicant

And

ZIMBABWE RURAL DISTRICT COUNCILS

WORKERS UNION							    Respondent

Before the Honourable Mhuri, J.

For Applicant	:	Mr F. Chimwamurombe (Legal Practitioner) with

Ms T. Mberi (intern)

For Respondent	:	Ms K.F. Zinyemba (Legal Practitioner)

MHURI J.

On the 4th September, 2015 an arbitral award was issued against Applicant in which it was ordered to remit to Respondent an amount of $7 335.32 as union dues.

Applicant filed an appeal against this award.  It has filed this application for interim relief seeking in the interim that the arbitral award be stayed pending finalisation of its appeal and as a final order, that the award be stayed permanently.

In agreement with the Respondent’s submission, I find that the final order being sought is incompetent and therefore cannot be granted, as it has the effect allowing the appeal before it is heard on the merits.

The position as it obtains at this juncture is that the arbitral award has since been registered as a High Court Order and a warrant of execution was issued.

Section 98(15) of the Labour Act [Chapter 28:01] provides

“where arbitral award has been registered in terms of subsection (14) it shall have the effect, for purposes of enforcement, of a civil judgment of the appropriate court.”

It goes without saying therefore that, the award became a civil judgment of the High Court.

Does the Labour Court, in view of the above, have the jurisdiction to stay a High Court Order?  Respondent has raised this issue as a point in limine, arguing that the Labour Court has no jurisdiction to and Applicant on the other hand arguing that it has.  Respondent referred to the case of

RAINBOW TOURISM GROUP vs KABASA LC/H/38/2014

In which the Labour Court stated as follows:-

“It is now apparent that, the order is now a High Court order and stay of same can only be requested from the Court under whose jurisdiction it now stands.  From a jurisdiction perspective, the Court is satisfied, that the application is now out of its hands and it cannot stand…….”

The above judgment was taken on appeal to the Supreme Court and Applicant relied on the Supreme Court judgment.

RAINBOW TOURISM GROUP vs KABASA & ANOTHER SC 52/14

in which CHIDYAUSIKU CJ when commenting on this issue had this to say,

“It would appear to me that this is an issue which is awaiting final determination by the Supreme Court in due course.  Given the uncertainty of the law pending the determination by the Supreme Court I am satisfied that the learned Judge of the Labour Court misdirected herself in refusing the Applicant leave to appeal to the Supreme Court……………………………………………………………..

As I have already stated, the issue of whether or not the Labour Court has jurisdiction to grant interim relief in respect of arbitral awards registered with the High Court but pending before the Labour Court is an issue to be determined by the Supreme Court”.   (Underlining my own)

In view of the above, I shall not make a ruling on the issue.

I shall however direct that, the appeal be set down for determination  whilst awaiting determination by the Supreme Court of this issue of jurisdiction.  The matter is already before the Supreme Court.

Accordingly it is ordered that the Registrar sets down for hearing the appeal LC/H/875/15 as soon as possible.

There is no order as to costs.

Mberi Chimwamurombe – Appellant’s legal practitioners

Lawman Chimuriwo – Respondent’s legal practitioners