Council loses bid to halt US$250K workers' pay battle

The High Court in Bulawayo has dismissed an application by Vungu Rural District Council (RDC) to rescind a default judgment that allows workers to execute against council assets in a long-running dispute over more than US$250,000 in unpaid salaries and benefits.

In a ruling that strengthens the workers' efforts to recover outstanding dues, Justice Bongani Ndlovu found that the Midlands local authority had failed to provide valid grounds for setting aside the judgment, having been properly served with court papers but choosing not to respond.

The dispute dates back to July 2025, when an arbitral award directed Vungu RDC to pay salary arrears and employment-related benefits exceeding US$250,000 to workers represented by the Zimbabwe Rural District Councils Workers' Union.

Although the council subsequently lodged an appeal with the Labour Court in October 2025, the union moved to register the arbitral award with the High Court to facilitate enforcement.

On November 25, 2025, the union obtained a default judgment after the council failed to oppose the application. The judgment was formally issued in early December, paving the way for the attachment of council assets.

Seeking to halt the execution process, Vungu RDC returned to court arguing that it had been denied a fair opportunity to present its case.

The council claimed it had received short notice periods, encountered conflicting filing directives between Bulawayo and Harare and identified procedural irregularities that it said undermined the validity of the judgment.

Its legal representatives argued that the judgment had effectively been obtained unfairly.

However, the workers' union opposed the application, maintaining that the council had been properly served with all relevant court documents as early as September 2025 and had simply chosen not to participate in the proceedings.

The union argued that the rescission application was only filed after the council faced the prospect of losing assets through execution.

In dismissing the application, Justice Ndlovu held that the council's own conduct was responsible for the outcome.

"The applicant does not dispute that it was served with the application ... and chose to sit back and do nothing," the judge noted.

He stressed that litigants cannot ignore legal proceedings and later seek relief after judgment has been entered against them.

Justice Ndlovu further observed that allowing such conduct would undermine the integrity and effectiveness of court processes.

The court also rejected several technical objections raised by the council, including arguments relating to allegedly undated affidavits, finding them to be without merit.

The ruling means that the default judgment remains in force, allowing the workers' union to continue with efforts to recover the outstanding salary arrears and benefits through the attachment and execution of council assets.

The decision is a significant victory for the affected workers and reinforces the principle that parties who fail to respond to properly served court processes do so at their own risk.