HARARE, Feb. 28 (NewsDay Live) – The National Employment Council for the Medical and Allied Industries chief executive officer Brian Chabuka (43) yesterday appeared before Harare magistrate Tapiwa Banda facing allegations of failure to comply with a High Court order.
Chabuka was jointly charged with NEC executive member Michael Sambo (44).
The complainant is Medical Professional and Allied Workers Union represented by Tecla Barangwe.
The complainant and Sambo had a misunderstanding over the control of Medical Profession and Allied Workers Union, which led both parties to appear before the High Court, where an order was granted in favour of the complainant.
Sometime in 2013, National Employment Council for the Medical and Allied Industries was incepted, consisting of Employer Association and an Employees Association, who constitute 50% each of the board.
At its inception, Sambo was representing employees under the Medical Professional and Allied Workers Union.
Keep Reading
- Zupco on cusp of collapse
- Underpaid ZBC workers seek ED’s intervention
- Minister lashes out at investors abusing workers
- Lobels Biscuits workers picket over poor working conditions
Court documents state that in 2015, there was a leadership wrangle which led the Medical Profession and Allied Workers Union to have two factions seeking control of the union.
The first faction was led by Sambo, while the other segment was aligned to Matenga Bond, who was on the side of the complainant.
The matter was taken to High Court under case number HC 6375/22, contained in judgement number HH308/24.
In that High Court order, both Chabuka and Sambo were the respondents and the complainant was part of the applicants in that matter.
On July 24 last year, an order was granted by the High Court under HH 308/24, which ordered that pending the convening of the next congress of the first applicant, the National Employment Council was supposed to recognise the national council of the first applicant [Medical Professional and Allied Workers Union], as recognised in the High Court judgment as the lawful leadership of the first applicant for purposes of representation of the first applicant in meetings of the third respondent.
Secondly, the order stated that pending the convening of the next congress of the first applicant, the third respondent was interdicted from dealing and or recognising the first and second respondents as leaders of the first applicant.
Thereafter, the court heard that Sambo made an appeal against a judgment which was made in Supreme Court case number SC 485/24.
However, the appeal was dismissed with costs.
After the appeal was dismissed, both Chabuka and Sambo were supposed to comply with the order issued by Justice Siyabona Paul Musithu, but they defied the order.
Further to that, Chabuka was supposed to call for a board meeting in fulfilment of the judgment, a position which is not done up to date.
On February 6 this year, the complainant then further wrote to Chabuka advising him to convene an urgent meeting of the National Employment Council since the complainant was now a member of the National Council.
Sambo’s lawyers responded representing all the accused persons citing that they were unable to accede to their request and they continued defying the court order.
As such, the accused persons defied a court order issued by both High Court and Supreme Court of Zimbabwe.
The matter was remanded to March 5.
