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Zimbabwe teachers vow to fight on after High Court setback

by Staff reporter
14 Oct 2024 at 08:17hrs | Views
Teachers in Zimbabwe are set to boycott the National Joint Negotiation Council (NJNC) following a High Court ruling that dismissed their application for improved working conditions. The joint application was made by several teachers' unions, including the Zimbabwe Teachers Association, Progressive Teachers Union of Zimbabwe, Amalgamated Rural Teachers Union of Zimbabwe, and Educators Union of Zimbabwe. They had sued the government, citing poor salaries and working conditions.

In their legal action, the unions named the Public Service Commission, which established the NJNC under the Public Service Act and is responsible for determining salaries and working conditions. They also cited several high-ranking officials, including President Emmerson Mnangagwa, Finance Minister Mthuli Ncube, Justice Minister Ziyambi Ziyambi, Public Service Minister July Moyo, and Attorney-General Virginia Mabiza as respondents.

In a statement released last Friday, the Federation of Zimbabwe Educators Union (FOZEU) announced their intention to "push back from below," vowing to continue their boycott of the NJNC process. They plan to engage with the upcoming 2nd session of the 10th Parliament to advocate for amendments to the Public Service Act to include the right to collective bargaining, fair wages, and the right to strike, among other labor provisions in the Constitution.

The unions argue that the Public Service Act contradicts the Constitution's guarantee of collective bargaining rights. In their application, they contended that the NJNC process violated their rights to engage in collective bargaining. They sought a declaratory order under Section 85(1) of the Constitution, asserting their entitlement to such a process. However, the court ruled against them, stating that the matter was "academic" and that there was no live dispute for the court to resolve.

"The court did not look into the merits of the application where we argued that specific sections of the Public Service Act contradict the spirit of the Constitution concerning collective bargaining," FOZEU stated.

They emphasized that the court's ruling overlooked their demands for the restoration of pre-2018 salaries, which were set at US$540, and their current demand for fair wages of US$1,260. The unions have declared themselves incapacitated, leading to a sit-in that is expected to disrupt the education of over 6 million learners.

FOZEU criticized the NJNC, labeling it an "improperly constituted illegal entity" that the government uses to create an illusion of negotiation while holding meetings with "sweetheart unions." They believe this undermines genuine discussions regarding teachers' rights and welfare.

"Given that the courts have refused to grant us the relief we sought, we are going back to the classrooms to engage in a massive push back from below," FOZEU declared, reiterating their commitment to boycott the NJNC and push for essential amendments to labor rights within the Public Service Act.

As the education sector braces for continued unrest, the future of negotiations between teachers and the government remains uncertain.

Source - newsday