(1) NATIONAL AIR WORKERS’ UNION (2) AIR TRANSPORT UNION
(1) AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED (2) AIR ZIMBABWE (PRIVATE) LIMITED
(3) THE MASTER OF THE HIGH COURT
SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, GARWE JA & GUVAVA JA
HARARE, MAY 15, 2014
C Mucheche, for the appellants
T Magwaliba, for the respondents
ZIYAMBI JA: The appellants are trade unions registered in terms of the Labour Act [Cap 28:01]. The first respondent is Air Zimbabwe Holdings (Private) Limited, a company duly incorporated according to the laws of Zimbabwe, and the holding company of the second respondent (Air Zimbabwe),also a private company incorporated according to the laws of Zimbabwe.
In January 2011, Elijah Chiripasi and Alexander Ngoni Guchu purporting to act on behalf of the first and second appellants, respectively, filed a court application in the High Court seeking an order for the provisional judicial management of the first and second respondents on the basis that the respondents were indebted firstly, to members of the appellants in respect of arrear salaries and, secondly, to the appellants themselves in respect of unremitted union dues.
It was the appellants’ contention that the two respondents were, by reason of mismanagement, unable to pay their debts and that if placed under judicial management they could become capable of fulfilling their respective obligations.