TEACHERS will boycott the National Joint Negotiation Council (NJNC) as they “fight on” despite a High Court order dismissing their application for improved working conditions.
In the joint application, the Zimbabwe Teachers Association, Progressive Teachers Union of Zimbabwe, Amalgamated Rural Teachers Union of Zimbabwe and Educators Union of Zimbabwe had sued the government over poor salaries and working conditions.
The teachers cited the Public Service Commission, which established the NJNC through the Public Service Act charged with the responsibility of determining salaries and working conditions.
They also cited President Emmerson Mnangagwa, ministers Mthuli Ncube (Finance, Economic Development and Investment Promotion), Ziyambi Ziyambi (Justice, Legal and Parliamentary Affairs), July Moyo (Public Service and Social Welfare) and Attorney-General Virginia Mabizaas respondents.
In a statement on Friday last week, teachers threatened a “massive push back from below”.
“We will continue to boycott the sham NJNC process and we will engage the 2nd session of the 10th parliament to progressively amend the Public Service Act to incorporate; the right to Collective Bargaining, right to a fair wage, right to strike, among other labour sector provisions of the constitution,” the Federation of Zimbabwe Educators Union (FOZEU) said.
The union argued that the Public Service Act contradicts the Zimbabwean Constitution’s guarantee of collective bargaining rights.
In their application through their lawyers Matika, Gwisai and Partners, the educators had argued that the NJNC violated their rights towards a collective bargaining process.
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They also sought a declaratory order in terms of section 85(1) of the Constitution, arguing that the Constitution guaranteed the right to a collective bargaining process.
However, the court ruled against the teachers.
“The court did not look into the merits of the application where we are arguing that the Public Service Act particularly Sections 19(1), 20, 31(1) and Statutory Instrument 141 of 1997 are against the spirit of section 203(1) (b),as read with section 65 (5) of the Constitution which provide for the right to collective bargaining,” FOZEU said.
“The Court concurred with the respondents’ position that our application is academic and that there was no live dispute on which the court could decide on.
“We maintain that there is a live dispute. We have demanded a restoration of the pre-2018 salaries of US$540 which was never granted.
“We are currently demanding a fair wage of US$1 260. Unfortunately the learned judge did not view this as a dispute.”
They cited unresolved demands for the pre-2018 salary restorations and fair wages.
The union also declared incapacitation, with teachers embarking on a sit-in, affecting over 6 million learners.
According to FOZEU, the government has been using the NJNC to portray a semblance of normalcy in the sector, where they meet their “sweetheart unions” and hold “pity-parties” and proclaim that there has been a negotiation.
“We maintain that the NJNC is an improperly constituted illegal entity,” the teachers said.
FOZEU criticised the NJNC as an improperly constituted illegal entity” used by employers to feign negotiations and it has vowed to continue boycotting the NJNC process and push for amendments to the Public Service Act, incorporating collective bargaining, fair wages, and strike rights.
“Given that the courts have refused to grant us the relief we sought, we are going back to the classrooms to engage a massive push back from below.
“We will continue to boycott the sham NJNC process and we will engage the 2nd session of the 10th parliament to progressively amend the Public Service Act to incorporate; the right to collective bargaining, right to a fair wage, right to strike, among other labour sector provisions of the constitution,” the union said.
