THE Medical Professionals and Allied Workers Union of Zimbabwe (MPAWUZ) and National Employment Council for the Medical and Allied Industry (NECMAI) are embroiled in a leadership wrangle which has spilled to the High Court, which mandated one of the faction to lead the organisation and prepare for congress.
MPAWUZ, Bond Matenga, Timothy Guvava and Tecla Barangwe are the applicants in the High Court application.
They have cited NECMAI, Juliet Chirenje and Michael Sozinyu, Labour and Social Welfare minister, Tawanda Kapita and Aiden Kapita as respondents.
The application was heard before High Court judge Justice Siyabona Musithu.
The matter is concerned with a leadership wrangle pitting the two factions seeking control of MPAWUZ.
MPAWUZ is a trade union registered in terms of the Labour Act, which represents the interests of employees in the medical and allied industry.
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NECMAI is an employment council with an interest in the affairs of MPAWUZ and its membership.
MPAWUZ approached the courts seeking a declaratory order and consequential relief to ratify certain decisions that were made by its national council pursuant to judgments of the High Court and the Supreme Court in their dispute.
A dispute arose following the High Court and Supreme Court judgments in 2021 and 2022, respectively.
The applicants argued that the two courts accepted and recognised the legitimacy of the MPAWUZ’s national council since its meetings were endorsed as valid.
The two courts, however, declared as invalid the congress held on March 3, 2018, but the applicants contended that the national council, therefore, existed and was lawful.
The applicants’ complaint emanated from NECMAI, Chirenje and Sozinyu’s refusal to recognise the National Council of the MPAWUZ.
The applicants accused Chirenje, Sozinyu and the minister of taking advantage of the invalidity of the March 3, 2018 congress and exploiting what they saw as a vacuum to do as they pleased.
However, the respondents argued that the applicants lacked locus standi to represent MPAWUZ and institute court proceedings against them.
They submitted that according to the judgments of the High Court and the Supreme Court, the applicants were not included in the papers filed.
They denied interfering with the running of MPAWUZ as alleged, dismissing the applicants’ accusations saying there was no evidence pointing to the alleged violations.
The respondents also accused the applicants of trying to hoodwink the court by getting a judgment that favoured their interests.
Justice Musithu dismissed the respondent’s point that the applicants lacked locus standi, but found the process leading to the holding of the congress of March 2018 unconstitutional.
“This was because the notice for submission of motion items for the congress was not given by the general-secretary as required by Article 8 of the constitution.
“The court also found that the notice of motion items had not been given within three months before the date of the congress as required by the constitution,” the judge ruled.
“The court also found that following factional fights that bedevilled the first applicant (MPAWUZ), the Labour ministry determined that a congress held in 2015 was a nullity and the legitimate leadership that remained in office was the one elected at the 2013 congress. This is the same leadership that the court determined was rightfully in place between 2016 and 2018.”
On the merits of the matter, he said the attitude of the first and second respondents, as gleaned from their opposing affidavits, effectively resolved the matter in favour of the applicants.
“The court determines that the applicants are entitled to the relief they seek. As regards costs of suit, I finding it befitting to order that each party bears its own costs of suit,” the judge ruled.
The judge also declared Sozinyu the union’s secretary-general saying he had the powers and responsibilities for the purpose of sending out required notices for the next congress.
The court further set aside the national council decision and ordered the minister to recognise Matenga, Guvava and Barangwe as the rightful representatives of the union.