Highlanders approaches the bench again
HIGHLANDERS Football Club have approached the High Court on an urgent basis seeking a provisional order suspending a Labour Court order that they pay their former coach.
On 4 October Labour Court president, Mrs Mercy Moya-Matshanga, granted a provisional order directing Highlanders to pay their former Egyptian coach, Mohamed Fathi US$15 100, an amount the club acknowledged owing him within four days.
On Monday, Highlanders through their lawyer, Matshobana Ncube, of Phulu and Ncube Legal Practitioners filed an application for review of Mrs Moya-Matshanga's order with the High Court.
On the following day, they filed an urgent chamber application with the same court.
The respondents in the matter are Fathi and Mrs Moya-Matshanga and the matter has been set down for argument in Justice Nicholas Ndou's chambers tomorrow afternoon.
In his founding affidavit, Odiel Nkomo, the Highlanders treasurer states that the club has already filed an application for referral to the Supreme Court with the Labour Court.
It is Highlanders' contention that their being barred from filing opposing papers as stated in the provisional order granted by the Labour Court is in contravention of Section 18 (9) of the Constitution of Zimbabwe and must be set aside.
It is their argument that it is their right to be heard in a matter that affects their rights.
Nkomo notes that Shepherd Chamunorwa, of Calderwood, Bryce Hendrie and Partners Legal Practitioners representing Fathi has gone ahead and filed a chamber application with the High Court seeking to register the provisional order that Highlanders is complaining about.
They note that the application was filed on 15 October and that they were only served the papers on Monday.
