Labour Registrar in eye of a storm

Fidelis Munyoro Chief Court Reporter
Registrar of Labour Ms Nozipho Simango is at the centre of controversy amid allegations that she connived with an expelled National Mine Workers Union of Zimbabwe member and secretly registered a new interim executive of the union.

Ms Simango registered ex-convict Tinashe Mugwira’s purported interim executive of NMWUZ. Mugwira was expelled from the union following his abuse of office and theft of $385 union funds, which led to his conviction at Kadoma magistrates’ courts.

He was convicted along with another executive member Sipiwe Munemo and the pair was fined $500 apiece. Ms Simango’s unprofessional conduct is said to have caused havoc and confusion to the union and its membership. The appointment of NMWUZ executive bearers is done through congress. Ms Simango is not new to controversy.

Only last month, Labour Court Judge Ms Emilia Muchawa condemned Ms Simango for stealthily registering another trade union without following the provisions of the law. Ms Simango’s latest bungling episode emerged in the case in which she is being sued along with Mugwira at the High Court for clandestinely setting up a new interim executive for NMWUZ.

In its application, the union is seeking an interdict barring the Mugwira–led executive from masquerading as the legitimate interim executive of the union. The union also wants Ms Simango’s decision set aside and stopped from appointing the union’s executive. The union’s interim secretary-general Mr William Seremani, in his affidavit, accused Mugwira-led executive of interfering with its affairs.

“The first to third respondents (Mugwira, Banda and Munemo) are causing unnecessary problems in the smooth operation of the applicant by using its name and purporting to be representatives to the applicant’s membership,” said Mr Seremani. He accused Ms Simango of conniving with Mugwira to set up a new interim executive.

“The fourth respondent (Ms Simango) has no power to appoint executive bearers of the applicant as this is an issue, which the applicant’s congress should address,” he said.

“The fourth respondent’s duties are only limited to registration of the applicant. Her actions are unlawful in terms of the labour law.” Last month, Justice Muchawa criticised Ms Simango for issuing a registration certificate to Zimbabwe Footwear Tanners & Allied Workers Union (ZFTAWU) in disregard of the law.

The court annulled a registration certificate that had been unlawfully issued to ZFTAWU. Another union, Zimbabwe Leather Shoe & Workers’ Union (ZLSWU), which was enjoying monopoly in the industry, was opposed to the registration of ZFTAWU.

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