Goche's show cause order invalid

Lawyers representing Chitungwiza workers who embarked on an industrial action over unpaid salaries two weeks ago say the show cause order issued by minister of Labour and Social Welfare, Nicholas Goche, is invalid as the document was signed way after the strike had ended.

Court papers in possession of The Zimbabwe Mail revealed that on July 10 2014, an official from the ministry of Labour and Social Welfare issued the show cause order that was, however, disputed by Dhonsa-Nkomo and Mutangi, legal representatives of the workers on the basis that, according to the Labour Act section 106, only the responsible minister of Labour had that sole responsibility.

The newspaper reports that Goche then issued another show cause order the same day (10 July) which had his signature, ordering that workers must stop collective job action and return to work while the legality of the strike would be heard at the labour court on July 16.

Goche was not be available for a comment on Monday as he was not picking up his phone.

Speaking to  The Zimbabwe Mail, Tafadzwa Mboko of Dhonsa-Nkomo and Mutangi law firm said besides hearing the legality of the strike, workers would approach the labour court today challenging the legality of the show cause order signed by Goche.

"We were first issued with a show cause order that was signed by an official from the labour ministry and we rejected it. Goche then issued another order in his individual capacity as the responsible minister. We will be arguing in the labour court today that the show cause order issued by the minister was defective in the sense that it was issued way after the strike had ended, according to the date stamp (10 July),"said Mboko.

"We are now cynical about the issue surrounding issuance of the show cause order which, in the first place, was issued by an official from the ministry and then later by the minister. We have made a position to dispute the validity of the show cause order," said Mboko.

According to the Labour Act (chapter 28:01), the Labour minister has the executive powers of issuing a show cause order which immediately halts any collective job action within 24 hours so that the job dispute's legality will be determined before the courts.

Last week, Chitungwiza workers went on a seven day strike which paralysed services in the town, pressing for unpaid salaries amounting to $11 million spanning over 14 months.