HB 065-18 THEMBINKOSI KHUMALO versus MUNICIPALITY OF VICTORIA FALLS and Anor

THEMBINKOSI KHUMALO

versus

MUNICIPALITY OF VICTORIA FALLS

and

THE LOCAL GOVERNMENT BOARD

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 7 MARCH 2018 AND 15 MARCH 2018

 

 

Opposed application

 

 

R Moyo-Majwabu for the applicant

K Ngwenya for the 1st respondent

P Taruberekera for the 2nd respondent

 

 

            MATHONSI J:          This application centres on the validity and enforceability of a collective bargaining agreement entered into between a Municipality and its employees represented by their trade union.  It evolves around the authority, if any, of either the Minister of Local Government, Public Works and National Housing and/or the Local Government Board to regulate the contracts of a local authority and to reject or amend such contracts.  It finally dovetails on the ability of the Local Government Board, in its oversight responsibility over municipalities, to lawfully direct a municipality to refrain from performing its contractual obligations towards a retiring employee.

            The facts are that the applicant was employed by the first respondent in various capacities from 1 October 1991 until he retired from its employ on 30 November 2016, an impressive record of service spurning over 25 years.  At the time of his deserved retirement he held the lofty position of Town Treasurer, a post he held from the time of his elevation by letter dated 11 March 2011.  Prior to the applicant’s retirement, the first respondent had negotiated with its employees’ trade union a collective bargaining agreement (CBA) containing clause 21 providing for gratuity for employees who had completed at least five years of continuous service to the municipality on termination of their employment.  Irrespective of the circumstances of such 

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2018