SC 59-13 - GWERU WATER WORKER'S COMMITTEE v CITY OF GWERU

GWERU WATER WORKER’S COMMITTEE

v

CITY OF GWERU

 

SUPREME COURT OF ZIMBABWE

HARARE, DECEMBER 3 & 9, 2013

A Mugandiwa, for the appellant

T Magwaliba, for the respondent

Before: ZIYAMBI JA, in chambers in terms of r 5 of the Supreme Court Rules.

 

The applicant seeks an order granting it leave to appeal against a judgment of the Labour Court as well as condonation of its failure to note an appeal on time and an extension of time within which to note the appeal.

The crux of the matter is that the Labour court dismissed the applicant’s appeal on the preliminary point raised, namely, that the applicant as a workers committee has no locus standi to represent its members in a court of law.  In arriving at this conclusion the Labour Court followed the judgment in CT Bolts (Pvt) Ltd v Workers Committee SC 16/12 where it was decided that a workers committee established in terms of s 23 of the Labour Act (Cap 28:01) (“the Act”) is not empowered by the Act to act as a legal persona.

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