Supreme Court brings finality to ZCTU case

by Staff reporter

2012 June 19 19:00:51 | 1116 Views

On the 15th of November 2011 the ZCTU and its President George Nkiwane and Secretary General Japhet Moyo filed an application for an interdict at the High Court in Case No HC 11473/11 seeking to stop Lovemore Matombo and 12 others from masquerading as ZCTU officials and using its name and property including letter heads or holding meetings in the name of the ZCTU.

On the 16th of December 2011, the matter in HC 11473/11 came up before a Judge of the High Court who after hearing submissions by both parties' lawyers granted the attached judgement and provisional orders.

On the same day, 16 December 2011, Lovemore Matombo and 12 others filed a notice of appeal to the Supreme Court under Case Reference No. SC 333/11. They also held what they alleged to be a ZCTU General Conference.

On the 18th of June 2012, the Supreme Court bench comprising of the Deputy Chief Justice, Honourable Malaba, Gowora JA and Omerjee AJA after hearing argument dismissed Lovemore Matombo's appeal to the Supreme Court with costs. This means that the order granted by the High Court on 16 December 2012 now stands uncontested.

As is clear from the High Court order Lovemore Matombo and others and those acting through them are/were barred from using ZCTU's logo, letterheads business cards, assets or bank accounts. They are also barred from holding conferences, workshops and meetings in the name of the ZCTU.

Further Lovemore Matombo and others are/were barred from holding any meeting which they call a General Conference.

Lastly the purported General Conference which Lovemore Matombo and others purportedly held on 16 December 2011 was declared null and void.

What the above means is that as matters stand; there is only one ZCTU whose General Conference was held on 19-20 August 2011.

Arising out of that General Conference the following are members of the ZCTU's leadership;

1. George Nkiwane                   - President
2. Sithokozile Siwela                 - 1st Vice President
3. Rwatipedza Chigwagwa       - 2nd Vice President
4. Justin Mutasa       - 3rd Vice President
5. Japhet Moyo              - Secretary General
6. Gideon Shoko                     - 1st Deputy Secretary General
7. Dick Tarusenga                   - 2nd Deputy Secretary General
8. Enock Mahari              - Treasurer General

We would like all our stake holders to take particular note of the above developments.

We would also wish to confirm to the workers for whom the ZCTU primarily exists that the ZCTU through its current leadership as outlined above will continue to champion the interests, rights and cause of the workers without fear or favour. In so doing, the ZCTU shall remain independent and neutral as of old. To those workers who had been led astray, we welcome you back home.

Again, we say to the workers do not allow detractors to sway you and to lead you astray. As Karl Marx observed long back, 'workers of the world unite, you have nothing to lose but your chains'. Let us therefore remain united. As we always say united we stand, divided we fall.

Finally, we would want to thank all those institutions and individuals who have stood by the genuine ZCTU throughout these trying times. This land mark Supreme Court ruling is a victory to all of you and all the workers of Zimbabwe.

ZCTU Supreme court

Source: Byo24News