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Fidelis Munyoro

The Zimbabwe Congress of Trade Unions three-day elective congress started today after the High Court yesterday threw out an urgent application by Amalgamated Rural Teachers Union and Footwear Tannersband Allied Workers Union of Zimbabwe seeking to stop the congress.

The congress is held once every five years. The conference is scheduled to end on Friday, with the election of new leadership.

Five other trade unions namely National Energy Workers Union of Zimbabwe, Energy Sector Workers Union of Zimbabwe, Zimbabwe Revenue and Allied Workers Trade Union of Zimbabwe, Zimbabwe Construction and Allied Trade Workers Union and Zimbabwe Urban Councils Workers Union—who had an interest in the main matter engaged Advocate Nelson Mashizha who successfully applied to have them joined in the proceedings.

Justice Fatima Maxwell presided over the matter yesterday.

Arguing the matter for the ZCTU Advocate Tawanda Zhuwarara told the judge that the order being sought by the applicants of stopping the elective general conference was final in nature and could not be sought on an interim basis in an urgent application.

On behalf of his clients, Adv Mashizha argued that the matter was not urgent. He said that an interdict could not be granted because there is an alternative remedy available to the aggrieved unions, which is to approach the Minister of the provisions of the Labour Act that authorise the Minister to set aside any election and or to postpone the said elections.

After hearing submissions from the parties, Justice Maxwell dismissed with costs the urgent application by ARTUZ and Footwear Tannersband Allied Workers Union of Zimbabwe thereby giving the green light for the elective congress of ZCTU to proceed as scheduled.

In dismissing the matter, the court held that the interim order sought was improper as it was praying for final relief instead of interim relief.

Secondly the court ruled that the applicants did not exhaust domestic remedies available to them in terms of the Act. Mr Mark Rujuwa from Mtetwa and Nyambirai Legal Practitioners represented the two labour bodies which lost their application.

Artuz had approached the High Court challenging its suspension from the congress, arguing ZCTU’s decision deprived it of its voting privileges in the ZCTU congress which is set for today.

The lawyers argued that according to the general council’s verdict, all affiliates and not just ARTUZ should be held accountable for non-compliance with section 9.5 of the constitution otherwise it is an unlawful.

All the leadership positions of ZCTU will be up for grabs on Friday when the general conference shall vote for a new leadership for the next five years.