HH 460-18 NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY v HARARE CLUB

NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY

versus

HARARE CLUB

 

 

 

HIGH COURT OF ZIMBABWE

CHAREWA J

HARARE, 15 May 2018 & 8 August 2018                          

 

 

 

Opposed Application – Stated Case                       

 

 

 

Mr G Machingambi, for the plaintiff

Mr E Kawonde, for the defendant

 

 

CHAREWA J: The plaintiff issued summons against the defendant, claiming payment of $106 665.24 comprised of outstanding council levies, pension fund dues and trade union contributions due on a collective bargaining agreement for the catering industry. The defendant raised a special plea that all claims prior to 1 September 2012 had prescribed. For the unprescribed amount, the defendant had no obligation to meet the same as it was unconstitutional to force it to belong to any employer’s organisation contrary to its right of freedom of association, and further and in any case, the statutes relied on by plaintiff to ground its claim were inapplicable as they had lost validity through abrogation.

The plaintiff conceded that part of the claim had prescribed. Further, the facts being largely common cause, the parties referred the following issues for hearing as a stated case:

  1. Whether or not the order sought by plaintiff is unlawful in so far as it violates defendant’s fundamental constitutional right to freedom of association as enshrined in s58 of the Constitution of Zimbabwe Amendment No. 20.
  2. Whether or not the statutes upon which plaintiff grounded its claim were inapplicable as they had lost validity through abrogation.

 

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2018