HH 463-18 NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY v SIMBISA BRANDS

NATIONAL EMPLOYMENT COUNCIL FOR THE CATERING INDUSTRY

versus

SIMBISA BRANDS

 

 

 

HIGH COURT OF ZIMBABWE

CHAREWA J

HARARE, 15, 17 May, 8 June & 8 August 2018                             

 

 

 

Opposed Application – Stated Case

 

 

 

Mr G Machingambi, for the applicant

Mr Lunga, for respondent

 

 

CHAREWA J: The plaintiff issued summons against the defendant claiming payment of $346 972.32 in respect of outstanding pension fund contributions for the period 30 April 2016 to 31 January 2017.

The facts and background

The facts and legal background of the matter are common cause: at all material times the defendant was a member of the pension fund for the National Employment Council (NEC) for the Catering Industry as required by s 8 of the Industrial Agreement: Catering Industry, S.I. 359 of 1980. On 10 March 2016 defendant notified plaintiff in writing of its intention to cease its membership with the plaintiff’s pension fund and to stop all contributions by 1 April 2016.

Plaintiff advised defendant that it could not resign membership but ought to seek exemption. Defendant was subsequently denied such exemption. On 1 April 2016, defendant ceased all contributions in terms of its notice previously given in March. Plaintiff therefore sued defendant for pension contributions from April 2016 to date of summons.

Parties’ submissions

At the hearing, and in limine, the defendant raised the question whether the plaintiff has locus standi to institute these proceedings against the defendant as this was the prerogative of 

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2018