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Chief Justice Chidyausiku

Chief Court Reporter
Zimbabwe Red Cross Society has taken its former secretary-general, Ms Emma Kundishora, to the High Court seeking a stay of the registration of an arbitral award of more than US$24 000 in a dispute over a severance package.
Ms Kundishora was given a top-of-the-range Landcruiser vehicle as part of her package when she resigned from the society a few years ago. The society also offered to meet the transfer costs for the vehicle.

This was not done, prompting Ms Kundishora to sue the Red Cross before an arbitrator who ruled in her favour.

She registered the award with the High Court to enable her to attach part of the Red Cross property to recover her dues.

On the strength of a writ of execution witnessed by Chief Justice Godfrey Chidyausiku, Ms Kundishora attached four top-of-the-range Landcruisers for a debt of US$24 422.

But the Red Cross, which is being represented by Advocate Thabani Mpofu, is contesting the registration of the award, arguing that an appeal against the award was still pending before the Labour Court.

Red Cross secretary-general Mr Maxwell Phiri who deposed to an affidavit, said of the four vehicles Ms Kundishora was gunning for, two were essential to the society’s field operations.

“It is clear that there is something irregular about the attachment of all these vehicles for a debt which is in the sum of US$24 422 as one of the Landcruisers is certainly worth more than what is being recovered,” said Mr Phiri.

He argued that the society’s policy, which Ms Kundishora was aware of and which she consistently executed during her time at the society, was that a worker getting such a benefit would attend to its (vehicle) transfer.

“That makes sense even from the taxing point of view because if the employer pays tax, it becomes a taxable benefit and the employer would have to withhold the necessary tax on Zimbabwe Revenue Authority’s behalf,” he argued.

He said Ms Kundishora was taking advantage of an error by the society’s treasurer who indicated without authority that the society would meet the transfer costs of the vehicle.

In that case, Mr Phiri said, Ms Kundishora had no reason to believe that the law would only be changed to suit her position.

Ms Kundishora’s lawyer, Adv Tawanda Zhuwarara instructed by Chambati, Mataka and Makonese law firm, is yet to respond to the application brought to court under a certificate of urgency.