A BID by the Zimbabwe Urban and Rural Council Workers Union executive led by Mr Bernard Dhanda to bar Buhera South legislator Cde Joseph Chinotimba from taking over leadership of the union hit a snag when a Harare magistrate threw out the interdict application.Harare Civil Court provincial magistrate Mr Brighton Pabwe said he had no jurisdiction to make declaratory orders of that nature.
The Dhanda-led union sought to bar Cde Chinotimba, the union’s founder, from “masquerading” as the union’s president.
The union also wanted Cde Chinotimba to surrender the ZURCWU certificate of registration.
ZURCWU, an affiliate of the Zimbabwe Federation of Trade Unions, further wants Cde Chinotimba to stop interfering with the administration of the union.
Mr Pabwe said his hands were tied and refused to adjudicate over the matter.
“Whereupon after reading documents filed of record and hearing counsel, it is ordered that the application for an interdict be and is hereby dismissed for want of jurisdiction,” ruled the magistrate.
Powers to make declarations, in terms of the law, lie with superior courts like the High Court.
Armed with the court order, Cde Chinotimba’s lawyers, Makuwaza and Associates, wrote to all municipalities countrywide informing them of the development.
The letter warned the municipalities against dealing with Mr Dhanda, saying he was no longer the ZURCWU secretary general.
“We reiterate that his (Mr Dhanda) dismissal from union employment stands and that your good offices should not entertain any business purportedly entered into on behalf of ZURCWU.
“Should you continue to entertain him in any way, or to remit any union dues to him, kindly take note that you will be doing so at your own peril and our client will be compelled to institute legal proceedings against your authority . . .”
ZURCWU, through its lawyers J. Mambara and Partners, argued that Cde Chinotimba was a founding father of the union but he relinquished his post as president when he joined politics in 2008.
The lawyers contended that Cde Chinotimba resigned from City of Harare where he was a municipal policeman and is no longer qualified to hold the post.
“In terms of Section 10 of the applicant’s (ZURCWU) constitution, a member of the union can only be an employee of an urban or rural district council.”
According to the union, Cde Chinotimba has caused mayhem in local authorities.
“Again for one to be elected as a president of the applicant, one has to be recommended by a branch of a local authority where one is employed,” reads part of the court documents.
According to the union, Cde Chinotimba has caused mayhem in local authorities.
He wrote a letter recently dismissing Cde Dhanda from the post of ZURCWU secretary-general using his powers as the union’s president.
ZURCWU claims that three presidents were elected into office after the resignation of Cde Chinotimba but six months down the line he is back claiming “life presidency”.