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Voice of the Labour Movement Established 1988 Issue No: 229 DEC 2017- JAN2017 R egistered at the GPO as a Newspaper Mugabe confirms Warriors government blunt at job cuts PAGE 7 AFCON 2017 PAGE 16 Health levy fund freeze exposes government’s poor planning - ZCTU BY STAFF REPORTER ILO mission he government has frozen effecting the five percent deductions on all Tairtime purchases because it has not put in place the policy and guidelines to ensure accountability and transparency. This was revealed by the acting Health and Child Care ministry permanent secretary, Robert Madyiradima, when he appeared before the Parliamentary Portfolio Committee on Health. The freeze comes at a time mobile operators were forced to reverse a data tariff increase following a public outcry. Government was set to rake substantial amounts towards the heads for Zim health levy fund from the tariff increase. The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) had set floor prices that set data bundles at a minimum of $0.02 per megabyte but was reversed after government suspended the mobile data tariff increases. “The health levy of 5 percent per every dollar of airtime targets purchase of medical commodities, and the Finance ministry has informed us that it is not yet taking off, as they are still working on the modalities of collection and policy guidelines. It will only take off when Treasury has worked out the policy. The Health ministry is ready to administer the fund, but Treasury is still crafting a policy instrument to look at issues of how to collect the money, and whether airtime users should share the costs with network providers and issues like that,” said Madyirandima. The National Health Insurance Scheme which was mooted in 2007 but was shelved ABOVE: Rwatipedza Chigwagwa (Left) former ZCTU Vice President and Wellington Chibebe (Right) former ZCTU Secretary General after fierce resistance from workers and were part of trade unionists who were brutalised in police custody in 2006 for demonstrating against the high cost of living Parliament was recently revived and cabinet approved it against labour and business and demanding higher incomes, lower taxes and provision of anti-retroviral medicines to fight HIV and Aids. protestations. The Zimbabwe Congress of trade Unions BY ADMORE MARAMBANYIKA over the years citing trade union violations government had been commended for doing said the freeze was a vindication to the labour has consolidated its preparations with a some positives emanating from the new position that the economy was not in a ABOUR is preparing for the arrival workshop to assess its preparedness. constitution which has a Bill of Rights and the position to sustain the scheme adding that of the much awaited high level ILO ZCTU Secretary General Japhet Moyo said establishment of the Zimbabwe Human workers were not ready for an additional Lmission which is set to assess the preparations were advanced and they have a Rights commission. However we have to indirect taxation. progress made in the implementation of the list of outstanding issues. He said they were indicate that these were just mere window “The government has always been putting 2009 International Labour Organisation now working towards consolidating them dressing provisions because in practice we are the cart before the horse rolling out (ILO) Commission of inquiry on trade with other issues that have been emerging not enjoying them. Our marches have been programmes without policy frameworks for union violations by the Zimbabwe over the years to build a strong case. blocked and when we approached the human the past 36 years. Stakeholders would not government. “We are working with the ITUC to prepare rights commission it directed us to the courts. support programmes which are forced on The Zimbabwe Congress of Trade Unions ourselves for the commission. We have also In essence it (Human Rights Commission) them and the government should learn to (ZCTU) has been leading complaints against engaged our affiliates to submit to us all issues does not deal with labour violations because if that can strengthen our case. Previously the TO PAGE 3 government at the ILO General conference To page 2

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04-2928375/0712747808 Page 2 The Worker, DEC 2016-JAN 2017 Organising for a difference ZCTU poised for growth in 2017 in 2017 - Kandukutu BY STAFF REPORTER he Zimbabwe Congress of Trade Unions BY ADMORE MARAMBANYIKA elective conferences last year, the focus is (ZCTU) is poised for growth in numbers now on strengthening these structures Tand influence in 2017 if it sticks to its 017 is the year to revolutionise the through revamping their lower supporting congress resolutions despite gloom and doom trade union movement in line with structures in the districts and locals where projections by other stakeholders. 2global trends as well as in the ZCTU powerbase lies. These ZCTU Secretary General Japhet Moyo said fulfilment of last year's congress structures need to be activated to increase although the economic outlook was indicating to resolution to rebrand the ZCTU and the visibility and effectiveness of the more negatives, sticking and implementing the just consolidate its position as the most ZCTU so that it lures more members,” he ended congress resolutions would open up the representative labour body. said. ZCTU National Organiser, Michael labour body to entangle its influence beyond the Kandukutu said they will intensify employer employee relationship while boosting Kandukutu said this while promising to activities for young workers as they union density. rejuvenate participation by workers in remain a vulnerable group that requires trade union activities. constant motivation to ensure continuity Moyo said Zimbabwe being an agro-based Kandukutu said his department was of trade unions. economy could have capitalised on the good rains geared and had a clear plan to recruit more The department is also going to being received but there was no economic boost in workers into the ZCTU brand despite the continue with grassroots consultations sight as agricultural activities were dwindling falling number of workers. and labour forums to keep workers well- owing to lack of inputs adequate preparedness and “We are going to intensify membership informed of all developments. the challenges experienced in 2016 would persist. recruitment and servicing on the available “We have recently witnessed results Michael Kandukutu “The country has been faced with a number of workers in all sectors. This year we want to emanating from widespread consultations ZCTU National Organiser challenges which are far from being over. The leave a mark by spurring participation of from the round of consultative meetings liquidity crunch is far from over and the country is all workers. ZCTU is going to swell the which the newly elected ZCTU leadership selected sectors last year and the results unlikely to attract serious investors if the situation ranks by encouraging members to embarked on. The consultations narrowed were very encouraging as thousands of persists. The national policies and country risk participate in political organisations of members were recruited and we are the social distance between the leadership factors have also not improved and are likely to get their choices to influence our collective structures and general membership and planning to diverse to other sectors in worker positions,” said Kandukutu. 2017. The enthusiasm exuded by affiliate worse as the nation strides towards the 2018 renewed vigour for participation,” he said. election. This whole period is likely to see He said the department will have a Kandukutu said with the team spirit organisers was very encouraging and what bottom-up approach focusing more on the from affiliate organisers and structures the is now critical is to service and retain those politicians focusing on power retention instead of grassroots structure where the ZCTU ZCTU was set for growth as frameworks members while recruiting more,” he said. development and potential investors are likely to powerbase lies. to tap into unorganised sectors are already He said preparations for National adopt a wait and see attitude until the elections are “After successfully holding the Young in place. commemorations and campaigns for 2017 over because Zimbabwe has a history of violence Workers, Women and the ZCTU main “We embarked on recruitment blitz in were already underway. and policy inconsistencies in election periods and that would have an adverse effect on the labour movement,” he said. He said the ZCTU was not going to be deterred ZCTU braces for high level ILO mission by such looming circumstances and would instead seek to consolidate its position as the most From Page 1 Government through the ministry of disappointment over government's failure influential and representative labour body. labour also issued certificates of to provide statistical information on issues we have to approach the courts before “We are looking at re-branding so that the ZCTU embarking on our given rights we are still Registration to two unions, the National of trade union discrimination as is required suppressed,” he said. Union of the Metal and Allied Industries of by the Committee of Experts and it becomes appealing to workers across the political The ZCTU had complained about Zimbabwe and the Zimbabwe Footwear, recommended that government should hold divide while maintaining our independence and government's systemic and systematic use Tanners and Allied Workers Union meaningful consultations with social focussing our energies on the substantive issues of the state repressive apparatus, the police (ZIFTAWU) a few days before the Geneva partners in order to amend the Labour Act which are worker oriented. We are not confining our and intelligence in suppressing workers' conference after immense pressure from and the Public Order and Security Act efforts to workplace issues, instead we are urging strikes, interference in trade union affairs by labour. The ZFTAWU registration (POSA) to make them more responsive to workers to participate in civic and political government and lack of judicial certificate has since been revoked by an the needs of the worker. The Labour law platforms of their own choices. If we manage to independence. order of the Labour Court and a legal battle reform process has not been concluded implement the resolutions and tap into new sectors In 2009 the ILO Commission of Inquiry is ensuing. despite parties agreeing on the 13 principles the ZCTU would emerge much stronger,” he said. It also filed a complaint against the which the legislation would be premised on. found the Zimbabwe government guilty of Moyo added that the ZCTU was going to affiliate violating workers' rights. It said “The Special Economic Zones Bill, which sought The committee advised government to commission sees a clear pattern of arrests, to exempt the application of the Labour Act ensure that dissuasive sanctions are a number of unions and the Credentials Committee detentions, violence and torture by the to investors operating within economic imposed on those engaging in trade union of the General Council which is tasked to oversee security forces against trade unionists that zones, in violation of labour rights. The Bill discrimination and that all workers who the process would be sitting in the near future. coincided with ZCTU nationwide events, was revised after President Robert Mugabe have been discriminated against must have “We have received applications from a number indicating that there had been some refused to assent to it following labour access to effective remedies. of unions including those that were in the ZCTU centralised direction to the security forces to protests. Government was also asked to collate and before and some who have not been part of the take such action”. Moyo however noted that despite the submit to the ILO office all statistical ZCTU family. It was resolved that ZCTU should The Commission recommended: revision to the SEZ Bill, it still had information about cases of trade union look beyond sector divisions on admitting new Ø Harmonisation of Labour Laws. loopholes which could expose workers to discrimination as requested by the unions because some of the squabbling unions work Ø unfair labour practices. Committee of Experts. A stop to all anti-union practices. together at their National Employment Councils ØEstablishment of a Human Rights “The SEZ Bill is still not favourable to us CAS further advised Zimbabwe to Commission. even after the amendments because it still provide detailed information on the current and there is nothing that can stop them from doing ØTraining of security forces on provides for the Ministry of labour and the situation regarding collective bargaining in the same in ZCTU as long as they abide by the Freedom of Association and liberties and regulating authority to craft some the export processing zones, while ensuring constitution,” said Moyo. Human rights. conditions (codes) for sectors which might that the exercise is done under a He said the informal economy had been roped in ØTraining of judicial officers on expose workers to unfair labour practices,” environment of dialogue and mutual through the affiliation of the Zimbabwe Chamber of Freedom of Association and Liberties, he said. understanding. Informal Economies Association adding that the human rights and of adequate resources to Moyo added that Labour Act amendment Government was also compelled to accept sector was a vital class of workers recognised courts. No.5 of 2015 still provided for a lot of a high level ILO delegation before the next internationally. Ø Strengthen Social Dialogue. interference from the ministry in issues of International Labour Conference scheduled He urged affiliate unions to work towards Ø collective bargaining and as such would for June this year, again in Geneva, in order Provision of technical assistance membership recruitment and retention while by ILO. remain on the agenda. to assess progress made towards The ZCTU maintains that, close to a “The amendment still has a lot of compliance with these recommendations. observing democratic tenets. decade after the recommendations there loopholes, the legislation, which regulates The government has maintained that it “Unions which are members to ZCTU need to were still grey areas and visible trends of collective bargaining, has not changed to was doing its best to implement and comply thrust more on recruitment, service and retention of regression. reflect what ILO observed. Excessive with the recommendations but there is a risk membership. Membership servicing retains and Moyo said there was no meaningful ministerial powers, seen by interference in that should government fail to reform, the lures more members into unions and if our unions progress on most recommendations since the collective bargaining processes by country would end up being ranked among expend their energies on that they will increase their government had not shown any seriousness requesting registration of agreements, have the worst violating countries alongside he density. They also need to focus on issues beyond towards abiding by the ILO not been trimmed. Interference with in the Gulf States. wages and salaries while upholding internal recommendations and sometimes acted at administration of National Employment Meanwhile there appear to be discord democracy to remain relevant and appealing to Councils and trade unions still exists. Our among social partners ahead of the ILO the eleventh hour towards the annual ILO workers,” he said. General Conference. right to demonstrate as workers remain delegation visit. In 2016 the ZCTU reported serious curtailed because the State continues to ban Employers Confederation of Zimbabwe In terms of stakeholder relations Moyo said there violations against the government which and disrupt our meetings and we are forced president, Josephat Kahwema, said they was likely to be positive moves as the ILO included a police crackdown on a ZCTU to approach the courts,” he said.Moyo said had reached limited agreements on the Commission of Inquiry was coming to assess the demonstration in which workers were there are new breaches to previously agreed recommended issues, but said he could not level of compliance in the implementation of demanding the payment of their salaries. On principles such as the mass dismissal of comment further since the employers were recommendations. 8 August 2015, police besieged the ZCTU National Railways of Zimbabwe workers not the complainants. “There is a trend that our government give in to most offices in Harare, arresting trade union and the disregard of gazetted collective “ZCTU can best comment on the progress demands if it is being watched and we are likely to leaders in order to stop an announced bargaining agreements as is the case with made since they are the complainants in the register some positives but we need to remain demonstration clearly imposing practical the Zimbabwe Electricity Supply Authority. matter,” he was quoted in a local weekly vigilant,” he said. (Also see story on Page 14) restrictions on workers' rights . The ILO's Committee on the Application newspaper. of Standards (CAS) expressed 2016 DEC-JAN 2017 The Worker Page 3 Mugabe confirms government job cuts Social Welfare Minister Prisca BY STAFF REPORTER Mupfumira also said there was no resident Robert Mugabe going back on job rationalisation confirmed long denied in the civil service as the claims that his government pursues measures to P contain a ballooning public sector government is in the process of retrenching thousands of wage bill. workers during his state of the Speaking during the just ended nation address. 16th Zanu-PF national People's Mugabe let the cat out of the Conference in Masvingo bag when he told the nation that Mupfumira said currently the the Civil Service Commission public sector wage bill was (CSC) was in the process of gobbling about 97 percent of state abolishing redundant and non revenues. critical posts to enhance effective “Since last year we have been quality service. His going through a rationalisation announcement confirms process. This is an on-going Chinamasa's proposed 25 000 job process that is meant to reduce the cut in the civil service PSC in Government's wage bill. The civil process of abolishing redundant servants' salaries are taking 97 non critical posts. percent of the state revenues,” she Zimbabwe's government is said. axing 25,000 jobs which amounts Flagrant abuse of overtime to eight percent of the civil service allowances and leave days, salary jobs in an effort to rein in fraud, idle manpower, role File Pic: Civil servants demonstrating against poor salaries in Harare duplication and uncoordinated government spending. US$1,718 billion. Monthly, we need to be supportive of Institute of Public Administration Chinamasa said currently the staff recruitment have been cited as chief labour costs drivers US$120 million is spent on employment costs, service and Management (Zipam) government wage bill takes up salaries, with the least-paid taking delivery and other Government training centres, hotels and nearly 97 percent of its revenue according to the 2015 Civil Service Audit Report. home about US$380. costs,” Mupfumira said. conference centres that we can use and has plans to cut it down to 75 Mid last year, the Civil Service The minister however took a instead of private facilities. percent by the end of 2017. Government is streamlining its 188 070-strong workforce as Commission abolished 100 posts swipe at ministries and “Zipam facilities are under- Chinamasa made similar in the Women's Affairs, Gender government departments whom utilised and it is not helping us in proposals which were then recommended by IMF's Staff Monitored Programme which and Community Development she accused of wasting huge sums any way to give our money to blocked by the cabinet. Ministry as part of staff of money through booking other organisations, considering In the past few months, the projects that halving the civil service wage bill will spur rationalisation. expensive hotels for workshops that the Government is facing government has struggled to pay “Meanwhile, we are looking at and seminars. financial challenges,” said civil servants' wages including economic development. In the first half of 2015, ways of improving the productive “Let us make use of Minister Mupfumira. those of soldiers, teachers and capacity of the economy. When Government institutions to save health workers. Treasury spent US$1,54 billion on labour, against revenue of we raise the productive capacity it money. When conducting our Public Service, Labour and enables us to raise the revenue that workshops we have Zimbabwe Health levy fund freeze ZCTU crafts post 2016 strategic plan h e Z C T U crafted its 5th exposes government’s Tstrategic plan in line with its vision, mission and objectives while smarting from the 8t h ordinary poor planning - ZCTU conference as it moves towards building a new From Page 1 his address during the World Aids vision for a new dawn to consult widely before imposing Day commemorations last year. rebrand the anything,” said the ZCTU Secretary He added that with market organisation and General Japhet Moyo. intelligence available revealing that remain strategically He said the government hoped to NSSA had written off close to $100 focused in order to recoup the health levies from million dollars in bed debts at the remain relevant as a airtime sales at a time when phone end of 2016 it would be unwise to trade union movement. users were cutting down their burden it with the health levy. The plan was crafted communication budgets. “We are in the process of to achieve several 'Our survey on collective engaging NSSA for information objectives including bargaining shows that most sectors pertaining to their investments and strengthening its unity, how much they are exposed because have gone for over three years democracy, capacity, Some of the participants at the strategic workshop we want to protect workers without salary increments. This was sustainability and independence contributions. We still have vivid further evidenced by the public including those of its affiliates, to influence challenges threatening the unity of the ZCTU and its memories of the Renaissance Bank outcry when Potraz tried to hike national policy affecting labour and society and to affiliates. boob where NSSA sank substantial data tariffs, it only shows that ensure self-sufficiency and sustainability. The strategic plan was pillared on four themes people are not ready to fork out amounts,” said Moyo. premised on Building and Strengthening ZCTU The government has argued that ZCTU President Peter Mutasa said the ZCTU more in airtime. That resistance members (affiliates) had the responsibility and Sustainability and Viability, Influencing National shows that the idea is premature and the money collected for the Health Policies, developing and strengthening membership Levy Fund would be ring-fenced obligation to shape the organisation into what they unacceptable,” he said. want and urged participants to take courage despite participation and uniting strengthening the labour Moyo blasted the government for and audited to ensure it is not movement. abused. the hardships ZCTU and its affiliates were facing bulldozing the scheme and such as economic crisis, membership dwindle and The plan also flags out issues that may hinder the entrusting the health levy with the Finance minister Patrick successful implementation of the strategic plan such Chinamasa, in his 2017 National low financial capacity. National Social Security Authority He appealed to the team brave themselves and as Lack of political will to take decisions, (NSSA) which has a bad track Budget statement, proposed to responsibility and adjust, Procrastination in introduce a levy of 5 cents for every plan on how to face and deal with those challenges record of managing funds. implementing decisions and non appreciation and dollar of airtime on mobile data to for the benefit of all the workers and the country's “It is so disturbing, to hear that the ownership of the strategic plan by affiliates. It then go towards procurement of drugs development. Government has agreed to the Mutasa implored the leaders to desist from resolved to counter any contradictions by introduction of the National Health and equipment with effect from bickering but instead build workers hopes while consistently monitoring and evaluating the strategic Insurance Scheme and that NSSA January 2019. alluding to past achievements of the ZCTU that plan and programmes as well as to encourage should administer it. We are not in Cabinet had approved the drafting were realised through leadership commitment, effective participation by all structures and maintain support of that, instead the National of a universal National Health sacrifices, hard work and determination to reach the information and communication links with affiliate Aids Council would be the best as Insurance Scheme Bill which it said destiny. He called on the current crop of unionists to unions' membership. they have an administrative track was intent on extending health care coverage to all Zimbabweans as learn from their predecessors such Morgan Some of the most significant results of strategic record in the management of such a planning from the ZCTU were the democratisation of scheme, just like the way they have current private medical aid schemes Tsvangirayi who worked within unique situations only cover 10 percent of the that required strategic actions to address the the political environment of the country in the first able to with the AIDS levy which strategic plan era 1996 – 2000 and purchase of has become a Regional if not Global formally employed citizens. The prevailing challenges. scheme was first suggested in 2007 He emphasised that for success, ZCTU requires properties in the second strategic plan of 2001 to Model with a number of countries 2006. learning from them,” said Moyo in with a proposal to inflict a five committed leaders and membership in order to percent tax on workers. achieve the set congress agenda despite some Page 4 The Worker, DEC 2016 - JAN 2017 The

Voice of the Labour Movement Comment Another difficult year beckoning S we enter 2017, most workers are asking if the year has anything positive to look forward to Afollowing a disastrous 2016. The year 2016 has been particularly been very bad for workers and the generality of Zimbabwe. It has been a year that saw thousands of workers, once again, losing their jobs as the economy failed to tick. The government appeared to have no clue on how to deal with this crumbling economy. It was also the year long queues at banks started emerging as a cash crisis resembling the 2008 era, hit the country. This saw the Reserve Bank of Zimbabwe introducing the infamous bond notes to try to cushion the public. Although there appears to be an 'acceptance' by the public of the so-called surrogate currency, there is no doubt that the majority of people are sceptical of the move, but are being forced to accept this 'currency' as they have no choice. Just like the bearer cheques introduced by the 2018: Diaspora vote crucial! former governor Gideon Gono, it is a matter of time before the bond notes become useless papers. Already, there are HAT is now percentage of citizens would run and subsequently also participating signs that the bond notes are slowly replacing the multi- commonly described away from their "hard won" in an election and voting in currency system. People are moving around with bundles Was the Zimbabwean independence but the fact remains Zimbabwe or even voting from of these notes just like they did with the bearer cheques. Diaspora has its beginnings in that they did indeed escape, some as Diaspora locations (should that be The RBZ has already announced that it will introduce a the Witwatersrand Native Labour economic refugees and yet still secured) would have a significant say Association (Wenela) era when in how the proverbial rolling dice five dollar bill in bond notes and that will be the final nail. others as victims of political large numbers of migrant repression by the authoritarian lands in Zimbabwean politics. Zimbabwe is also inching towards elections in 2018. workers found their way to South Gabriel (ironically named after an There's a number of very adverse Already everyone seems to be in elections mood. In fact, Africa's Witwatersrand known for angel in the Bible) Mugabe regime. or negative findings or arguments the country has been in an election mood soon after the its massive gold mining However, one looks at it, a large put forward with respect to the 2013 elections. Knowing our politicians, it means this year operations in the early 1900s, but section of Zimbabweans and the unfairness of recent elections inside more acutely in the late 60s to 70s Zimbabwe itself, factors which will be a year wasted as they focus more on being elected Robert Gabriel Mugabe regime are when some of these countries like oil and water and simply won't would be largely irrelevant in the into office at the expense of economic development. Most began to find independence but mix. Diaspora including vote buying, decisions that are going to be taken will be popular largely exclusive of the promised What is also inescapable is that manipulation of the rural decisions to entice the voters to vote for them. Already economic prosperity. most of these migrants are population via traditional Chiefs and programmes like “Command Agriculture” have nothing Zimbabwe (then Rhodesia), potentially economically active herdsmen, intimidation and among SA’s other neighbours, violence. to do with improving agricultural inputs but to give citizens; in other words those that contributed significantly to this can actually migrate & find Following the most recent cronies inputs for free despite the Zanu PF government migration even though it remained alternatives outside their country of general elections in 2013 the claiming that beneficiaries will repay after harvest. You under white minority's rule. The birth legally or otherwise. It's most opposition screamed murder, cried will not be surprised to hear as we move towards elections author's paternal grandfather was certainly not infants and the elderly foul and cited interference by an part of this initial wave. There are that those who got inputs for free will have their debts that dominate this group. This Israeli shadowy entity Nikuv either other emigration waves relating to clearly spaces the bulk of that group in manipulating the population written off. This has happened before. the 14-year period of the mid-sixties snack bang within the demographic register, voters roll or both. Now the The country has been lucky so far this year to receive to the 1979 armed struggle for that could and should play a Zimbabwe Electoral Commission is abundant rainfall, but as I see it, this will be a chance Zimbabwe's independence but the significant role in the country's reportedly on the verge of wasted as politician fail to take advantage of the rains. Zimbabwean Diaspora became far political landscape. In fact, some employing a biometric voter more significant & undeniably registration system and my Workers and Zimbabweans in general should brace up for commentators have lamented just visible in the post-independence era, this level of mobility as being partly argument, in short, is that a potential anther difficult year. including the 80s the Gukurahundi responsible for the lack of a game changer in the midst of all campaign as well as the period revolution in a country where its these potential loopholes is the sheer around and post the chaotic land inevitability goes beyond the number of Zimbabweans in the reform economic collapse related obvious. Diaspora. period in the late 2000s. The Zanu PF government by all Zimbabwe's current There is a large variety of accounts whether resorting to constitution, the result of political estimates of just how large this fraudulent or imagined methods in compromise really rather than Jewish-like dispersed Diaspora is, any normal society would still have genuine citizen input, currently only but the consensus is that the largest all but disappeared as far back as allows government employees number of displaced Zimbabweans 2,000 save for the absence of this temporarily located abroad to vote, is to be found in neighbouring South collective mass of human beings. It's potentially denying up to 40% of its The Africa followed by the United widely believed that none of the citizen that basic of rights. Anyone Kingdom and thereafter some shenanigans employed by ZANU else that is said to have departed debate as to who comes next as the PF would have succeeded in the face from Zimbabwe by perceived choice next biggest hosts between currently cannot vote. The Worker is published by the of these masses being present in neighbouring Botswana, Zambia, Zimbabwe currently survives on Zimbabwe Congress of Trade Unions Zimbabwe and there's a context to the Australasian region and North this. The 2013 elections saw around the back of $6bn per annum worth 2nd Floor, Gorlon House, America (USA and Canada). of imports mostly of the most basic 7 Jason Moyo Ave 3.5m voters turning out with just The writer's personal travels have over 2.1m of those voting for the consumptive commodities, almost P.O Box 3549, Harare also unearthed Zimbabweans as far "angel" Gabriel's ZANU PF 70% of it funded by Diaspora TEL/FAX 04-749256 afield as parts of East Africa and the securing just over 2.1m of those and remittances. For a number of www.theworkerzimbabwe.com rest of SADC and the Middle East. their main opponent, the Morgan reasons both genuine and self- Whatever official story the Tsvangirai led MDC obtaining inflicted the country's productive EDITOR Zimbabwean government and its around 1.17m of the votes and the capacity is all but dead. Why then LAST TARABUKU adversaries try to advance for the aren't ALL Zimbabweans up in arms [email protected] rest spread out among a number of reasons for this massive emigration, smaller opposition supporters. over the issue of the Diaspora Vote, the fact remains that, large numbers Now if the Zimbabwean an inalienable right by all accounts? REPORTER of Zimbabweans have escaped post- What other game changer is there ADMORE MARAMBANYIKA Diaspora numbers 3m per some [email protected] independence Zimbabwe, perhaps conservative estimates, that would that's greater than this? as many as a quarter of its total place them at a number potentially Lovemore Fuyane is a Zimbabwean CORRESPONDENT population. equivalent to the combined total that currently resident in various parts of DICKSON CHAERUKA Outside of listening to first-hand ZANU PF and the MDC-T obtained Africa at any point in time personal experience, it's difficult to combined. The Diaspora therefore comprehend just why such a large either by merely registering to vote 2016 DEC- JAN 2017, THE WORKER PAGE 5 Hotel employees cry foul over Alpha Media dragged to court over US$6 8889 labour bill wrong industrial classification By Alois Vinga

workers plight saying the wrong various occasions pleaded with them at eputable news group company, Alpha Media classification of Industry by the Hotel BY DICKSON CHAERUKA least whether they could put us under the Holdings has been ordered to pay ex-employee, was deliberate in a ploy to exploit hotel or security sector but our requests RHenry Diya US$6 889 which accrued in unpaid t least 13 workers at workers. have been rubbished,'' said an employee salaries and terminal benefits. Larochelle Hotel in Nyanga “Classifying under the Agriculture at the hotel who spoke on condition of Diya was employed as a reporter with the news group are up in arms with their Sector is not justified at all. The A anonymity for fear of victimization. before his contract of employment was terminated. As part management for classifying them institution is not into agriculture In responding to their plea, the workers of his terminal benefits, Diya made a claim for outstanding under the Agriculture Sector when activities. The gardening being done is said their management explained that fuel allowance amounting US$399 and outstanding airtime they are under the Hotel and Catering gardening of flowers around the hotel they were classified under the allowance of US$500. Industry. premises and that does not warrant Agriculture Industry for the reason that US$5 940 was also claimed to cushion for costs to cover The workers, mostly general workers, workers to subscribe under the the hotel premises was owned by the said their employer had been paying agriculture sector. Such workers are for the withdrawal of the motor vehicle issued to him. National Trust which they purported was them using Agriculture Industry rates graded as general hands under the Hotel Court papers submitted by Diya's legal representatives under the farming sector. throughout their various period of and Catering Sector,'' said Mwandipe. said that Alpha Media Holdings did not contest the claims “We carried our own investigations and employment when their duties were He said the mis-classification was an made and an agreement was reached between the parties established that the National Trust does fulltime at the hotel. unorthodox path by the employer to that a total of US$6 889-00 was going to be paid over two not belong to the Agriculture Sector as They reported that the hotel's exploit workers saying because the months in equal installments. However, Alpha Media did claimed by our superiors but instead it is management ignored their numerous Agriculture industry has an inferior rate. not honour their promise as they failed to pay. This registered under the Tourism and calls for a redress arguing that the ''The employer is trying to circumvent prompted Diya to pursue the matter through a labour officer Hospitality Sector. We concluded that institution and their work fell in the Hotel rates of our industry stipulated at a but a certificate of settlement was not issued due to the fact the two does not have any relationship in & Catering Sector. minimum of $275 per month and that the company pleaded that it could not pay due to terms of industrial classification,'' said “It is very clear that our employer is preferring to give employees between another worker at the hotel who only financial challenges. deliberately grading us in a wrong $60 and $80 which the monthly disclosed that he was employed as a Upon consideration of the facts submitted ,the presiding industry. I have been employed fulltime minimum in the Agriculture Sector,'' he gardener. labour officer…… was not convinced with the fact that as a security guard by the Hotel since said. The Zimbabwe Catering Hotels Workers Alpha Media could not pay and consequently ordered the January 2015 and been surprised when Efforts to contact the Hotel's Director, Union (ZCHWU) Eastern Regional payment of US$6 889 within thirty days. management insisted that I am classified Harvey Leard were fruitless, his Officer, Eliar Mwandipe confirmed the The respondent opposed the application for confirmation under the Agriculture Industry. We at cellphone was persistently unreachable. of the ruling .It was submitted that the two claims for airtime and fuel allowances were conceded. However,Alpha Media opposed the ruling saying that the two claims for airtime and Nkomo's son loses labour case fuel allowances had been agreed upon but disowned the motor vehicle withdrawal allowance. In considering the factors submitted by both parties, part of the respondent, in casu there has been no default. In BY MUSA MAKINA Labour Court Judge ,Justice Muzofa said that it was wrong terms of the Labour Act, an award is registered for the to raise issues not raised before in the preceding hearings. purpose of enforcement. In this case, no enforcement is THE late Vice-President John Landa Nkomo's “In casu the basis of opposition was twofold .Firstly that required or necessary as the respondent is complying with company, Astra Building Centre (Pvt) Ltd has lost a the certificate of settlement was entered into contrary to the the award,” Jabulani said. case in which they had been taken to court for failure to respondent's policy. There is lack of merit in the papers Jabulani said the arbitrator ordered the respondent to pay pay its workers. since the applicant's ruling did not stem from the certificate the salary arrears due to the applicants within a period of 13 The organisation now run by his son Jabulani was ordered of settlement; its bas is was the certificate of no settlement. months, starting in March 2015 and ending at the end of by the Bulawayo High Court to pay workers a total of $23 “The second basis was that the computation of the March 2016. 072, failure of which a writ of execution will be issued amount for the withdrawal of the motor vehicle was Jabulani indicated that he had since made deductions on against it to recover the amount. incorrect. It was submitted that, the respondent's policy workers' pay for March, April, and May 2015 because they This was after nine employees' lawyer, Samp Mlaudzi filed provides for a transport allowance where a graded had unlawfully caused the attachment of a bus belonging to an application at the Bulawayo High Court for the employee is not issued with a company vehicle, “said the the estate of the late John Nkomo, who was a director and registration of their arbitration award for the payment of judge. shareholder of the company. salaries owed from September 2012 to May 2014 with Justice Muzofa said in this case, the claimant Henry Diya He said the bus was now being transferred back to the amounts ranging from $1 887 to $3 415 each. was issued with a company vehicle .He was served with a company. Jabulani's memorandum states that he deducted In a founding affidavit one of the employees on behalf of notice of termination of contract and the company vehicle a total of $15 000 from the money owed to workers. others Jeshuwa Zvinavashe said in December 2014, they was withdrawn. He also noted that the policy document “Deductions arise from the loss of business occasioned by were forced to refer a labour dispute for non-payment of which waived the entitlement to transport allowances upon the attachment of the bus. I pray that this application be their salaries to the National Employment Council for the the withdrawal of the company vehicle had been signed dismissed with costs of suit on an attorney and client Commercial Sector. after Diya had left employment. scale.” The said non-payments were for the period September Having assessed all the facts the Justice Muzofa said that However, Bulawayo High Court judge Justice Nokuthula 2012 to May 2014. On February 26, 2015, the arbitrator he did not find fault in the labour officer's initial ruling. Moyo upheld the workers' application and ordered the issued an award totalling $23 072. zvinavashe then “Accordingly the ruling is confirmed in the following company to pay the workers or risk having its property approached the court to register the award. terms,the application be and is hereby granted. The attached to recover the amount owed. However, Jabulani though his legal practioners James respondent be and is hereby ordered to pay Henry Diya the “You have to pay the applicants their dues and deducting Mutsauki opposed the submissions by the workers on June sum of US$6 898 within thirty days of this order,” ruled their money saying they took the bus and it has been 29, 2015 arguing there was no legal basis of such Muzofa. damaged so we cannot allow you to take the law unto your registration. own hands,” Moyo ruled. “Registration of the award pre-supposes a default on the Chidyausiku ruling backfires on ZBC

THE July 2015 Supreme Court ruling which resulted in Newuz holds 4th elective congress thousands of workers losing jobs on notice has backfired on the Zimbabwe Broadcasting Corporation BY STAFF REPORTER structures,” he said. Captain Che Guevara Mavhura – (ZBC) which has been ordered to reinstate all workers it The congress resolved to amend its Mashonaland West, D. Shonhiwa – dismissed using the infamous judgment in August 2015. The National Energy Workers Union of constitution to provide for two women Mashonaland Central, David Mbengo – More than 500 workers were dismissed by the public Zimbabwe (NEWUZ) held its 4th to sit in council and an additional Bulawayo, Primer Sabau and Charity broadcaster on three months' notice without terminal National congress on the 10th councillor from Munyati. It also urged Sithole – Special Women Councillors. benefits. December which redefined its paths women and young workers to increase In terms of the NEWUZ congress The dismissed workers contested their dismissal arguing and operations for the next term of their participation in union activities. the national council now comprises of that they were unlawfully dismissed and a labour officer office. The congress re-elected Caleb the 15 national Council Committee quashed the dismissals. Labour Officer J, Zhakata said: The congress resolved mainstream Joboringo as its president and he is Members and the National executive “The Claimants' termination of Notice be and are hereby women and young workers in all union deputised by Irene Tembo, a veteran committee members with the Secretary dismissed and unlawful. Respondent (ZBC management) structures at all levels but rejected trade unionist in the energy industry. General being member to both the be and is hereby ordered to reinstate the claimants. proposals to establish separate Tembo was the NEWUZ Women National Executive Committee and Respondent shall comply with this order within 30 days structures for the two groups. Advisory Council representative prior National Council. from the date of receipt of the same.” NEWUZ General Secretary Thomas to the congress. The Union held its congress at a time The broadcaster has also been ordered to pay its workers Masvingwe said the congress was The other elected were Treasurer- when it was attracting huge numbers in part of their wages that were unilaterally slashed in January Dudzai Godfrey Matarutse, Trustees - successful and had largely resolved to membership from a rival union in the 2014. The court ruled that the salary cut was unlawful and Raphael Njenda and Malvern Chuchu maintain the status quo on operations energy industry the Zimbabwe Energy ZBC management admitted that it blundered and promised while giving in to other considerations and Gender representative - Miriam Workers Union which was disaffiliated to pay. especially with regards to women and Magaisa. The congress also elected 15 from the Zimbabwe Congress of Trade Some companies recalled workers who had been young workers. national council members Archibold Unions in 2012. dismissed on notice following the promulgation of an “The congress turned down Chimbwanda- Manicaland, Blessing Meanwhile the union has already amendment to the Labour Act which compelled employers proposals to establish separate Musiyiwa – Harare, Wonder Mapato – started implementing its congress to compensate all workers who were fired using the structures for young workers but Masvingo, Mxolisi Gumbo – resolutions. Supreme Court ruling compelling them to pay two weeks instead opted to mainstream them at Matabeleland North, Mxolisi Gumbo – “We are now working on the salary for every year served as compensation for loss of levels of the union structures. By Matabeleland South, Wonder Chipendo programming s guided by the congress employment. Other employers have remained adamant to implication we have representation of – Hwange, Learnmore Mhoshiwa – outcome. We held our first national pay compensation and are waiting for the outcome of a young workers at all levels but we do Kariba , Nyaradzai Chironga – executive meeting and we have already court application against the section which was filed by the not have specific substantive Munyati, Sabelo Nyathi – Midlands, started.” said Masvingwe. Employers' Confederation of Zimbabwe. (Staff Reporter) Page 6 The Worker, DEC 2016 - JAN 2017 “I was not swept off ” - Shoko UNION NEWS IN BRIEF Cde Editor,

I write to correct some facts in the ZCHWU elects female President article written by one of your journalist Admore Marambanyika BY STAFF REPORTER entitled "New Brooms at ZCTU." The article does not reflect what he Zimbabwe happened to the ZCTU Congress that Catering & Hotel was held at Pandhari Lodge from the TWorkers Union 29th September to 1st October 2016, (ZCHWU) elected Felistas my dispute with his article is based on Nyamunda as President how he describes the electoral at its 5th congress that was process. held in Gweru in early Let me point out that I was present December. at the above referred occasion and I Gideon Shoko Nyamunda who had was a participant as well as a member been the union's acting different and thus that needed to be of the Credentials Committee which The journalist by so reaching the president won the tightly was responsible for compiling names position of non-survival by the mentioned by the journalist. Brother Editor I feel be littled by contested election. She was of contestants of those that had Nkiwane led Executive forgot that elected ZCHWU vice- within the Nkiwane led Executive the way your article was written, I am submitted their names for the president in 2010 and was there were individuals that would not one person who was present during different positions in the leadership thrust to lead the union in have contested even if there was a the formation of the ZCTU and of the Centre. 2015 following the Let me also confidently and contest between the so called new served in different capacities in it, brooms and those he refers to as the and finally got elected as its Deputy departure of Buton truthfully state that there was no Muzvidzwa who was the contestation that took place as all George Nkiwane lot and he did not Secretary General in two consecutive Felistas Nyamunda - ZCHWU President President. positions were uncontested, this care to mention that in the Nkiwane Congresses 2006 and 2011, it pains led Executive there were some who me to leave the organization that I With the assistance of the acting General Secretary Enock Mahari, brings me to my point of contention th with the article that refers to no would have not contested even if the spent my youth and manhood and Nyamunda managed to lead the 2016 ZCHWU's 5 congress survivors in the George Nkiwane led latter group would have contested, find distortion being written about proceedings successfully thereby building confidence to the National Executive. and the way the article is written even me. Council delegates who decided to elevate her to the top post. Your journalist is bringing an issue individuals like the writer are I want to kindly beg you to write Other delegates who were elected in the leadership in terms of that was not there in the first place, included under those that did not the truth in this workers paper, so Clause 9(2)(g) of the ZCHWU Constitution included Japheth Shumba why bring in the Nkiwane led survive and my conclusion is that the that those that want to research on the the vice President and Thembisa Ndebele the Trustee. The new National Executive in the issue of elections as journalist is trying to hide facts for history of workers and their struggles Executive Committee members were also appointed which saw others if any one contested against anybody reasons best known to himself. can write the truth not half- truths retaining their posts while new brooms were introduced. On the who was in the Nkiwane led Cde Editor your journalist new about the contributions of some of us secretariat side Elliot Madzore was appointed a substantive National executive, the truth is everyone was well that I was not contesting and I in the labour movement. Organising Secretary. unopposed. am one person who had announced Let me thank you Cde Editor for The congress was graced by officials from the Ministry of Labour The summation by the journalist this official in meetings where your publishing my letter in advance. and the Zimbabwe Congress of Trade Unions. points to a contest by the Nkiwane led journalist was present, so why lump Thank you. The ZCHWU veteran trade unionist Enock Gwayagwaya advised incumbents and FINAL they did not me with those that did not survive Gideon Shoko members to remain united and recruit more workers in the catering Former Deputy Secretary General survive the contest, they were all from the Nkiwane led regime, in industry to become members of ZCHWU after suffering a huge decrease swept off, which is not true. anway my circumstances are And Former General Secretary of th ZARWU due to the 17 July 2015 Supreme Court judgment which allowed employers to terminate contracts of employment of employees on three months notices...... For the benefit of readers, we republish the full story In her remarks Nyamunda promised to work hard with the assistance of her other elected and appointed colleagues, the union workers, union that irked Cde Gideon Shoko for them to judge for themselves. members and other stakeholders for the better future of the union. We have highlighted in bold the areas that he raised ZCTU establishes working New brooms at ZCTU group on Climate Change H E Z i m b a b w e Congress of Trade Committee who shall have the right to vote”. BY STAFF REPORTER Unions (ZCTU) now has a new leadership The congress which was held at a time the ZCTU is Twhich was tasked to revive the labour body's at its lowest ebb tasked the new leadership to restore the he Zimbabwe Congress of Trade Unions has established a waning status at its 8th elective congress that ZCTU's past glory by passing selfless resolutions national working Group on Climate Change to initiate ushered in an inter-generational executive. BY which they felt if implemented would rejuvenate the Tworkplace programs and engage with relevant stakeholders in ADMORE MARAMBANYIKA country's largest labour body. The resolutions were response to the transforming job market. There was no survivor from the George Nkiwane from social, economic and political elevations all The working group was drawn from all the ZCTU affiliates whose led executive which was elected at the ZCTU's 7th aimed at sustaining and re-railing the ZCTU to its core main objective would be to look into issues of the climate change and green Congress in Bulawayo except for Secretary General, value system in line with the congress theme, jobs from the trade union perspective. Japhet Moyo whose position is not contestable. “Defending Workers' Constitutional Rights, Our ZCTU head of Safety, Health and Climate Change department, Nathan Nkiwane was replaced by his third Vice President Prerogative”. Banda said the committee will also be tasked to play watchdog role and Peter Mutasa who was co-opted into the ZCTU Congress resolved to rope in more affiliates and advisory roles at shop-floor and union level respectively. leadership in 2012 following the departure of Lucia intensify membership recruitment, retention and “On the same vein this committee will be meeting on a quarterly basis Matibenga after she was appointed to a ministerial renewal to bring back workers and unions who have where discussions on Just Transition would be initiated as we head towards position during the Government of National Unity. fallen out of the ZCTU. It was also mandated to phasing out of use of fossil fuels by 2030 and coming up with The other elected were 1st Vice President Florence organise in areas that are not organised like the Kombi recommendations on how to save jobs through the creation of green jobs. The other responsibility would be to ensure that labour is well Taruvinga, (ESWUZ), 2nd Vice President John drivers, conductors and non-governmental represented at all Conference of Parties so that the demands of labour are Chirenda (ZIMRATU), 3rd Vice President Juniel organisations and recruit in areas that are outside the realm of the ZCTU like the pensions sector. taken on board. This coming COP we would like to see more of those from Manyere (RAE), 1st Deputy Secretary General the labour fraternity effectively represented and we have already started Sylvester Mutindindi (ZESSCWU), 2nd Deputy In terms of ideology and political positioning congress clarified the role and position of ZCTU in the that process of application for accreditation of members to participate at Secretary General Thomas Masvingwe (NEWUZ) the COP 23 not as Observers but as party members in Germany this year. In political environment. It resolved to redefine how to and Treasurer General Lovemore Ngwarati the Paris Agreement's preamble, the move towards a green economy deal with the politics of the country without losing (ZIMRATU). They were all unopposed. embraces human rights (employees included) protection in ensuring that a identity as a labour movement. The new leadership was Nkiwane had announced that he was not seeking re- just transition occurs. Domestically, various policies aimed at ensuring that election saying he had served his time and was due for tasked to continue to engage political parties in Countries move swiftly towards the green economy and realisation of the retirement just before the congress. pursuance of the outcome of a developmental IDNC targets,” he said. “I have had my time and I have served the institution democratic state. He added that the government had made some inroads towards climate very well as far as I am concerned. It's time for someone The leadership was also tasked to convene a special change issues but labour had not occupied its space. else to take over. I am leaving the position a very happy congress to deal with constitutional amendments and to “In response to the Warsaw Decision and the Lima Call for Action, the man. Zimbabwe must know that I am not running for re-engage with the other unions which failed to attend Government of Zimbabwe submitted its Intended Nationally Determined another term. I am against this handiende (I won't go congress to iron out pre-congress misunderstandings. Contribution to the United Nations Framework Convention on Climate anywhere) culture,” Nkiwane said. On the issue of affiliating new unions into the labour Change (UNFCCC). Zimbabwean INDCs target an ambitious goal of All the elected executives had their nominations body the incoming President Mutasa said they will thirty-three degrees per car pita reduction in Green House Gas (GHG) seconded by six of eight unions that were eligible for subject all applications to the thorough scrutiny and emissions so as to achieve the Paris Agreements temperature rise to below contestation. The unions had filed their procedures of the ZCTU. 1.5oC. Zimbabwe's INDCs identify four critical sectors that offer nominations in time despite an attempt to postpone “We are not desperate so we will be very careful on opportunities for GHG emissions reduction. These sectors are namely the congress. the affiliation in line with our value systems while agriculture, energy, waste and transport sectors,” said Banda. The ZCTU went for congress with only eight out of being cognisant that we were mandated to unite Researches on green jobs have been undertaken in a few sectors and 34 unions. The majority of the unions were not paid up workers under ZCTU and draw more membership they are set to be expanded as the country prepares for the introduction of in their subscriptions and in terms of its constitution from a ballooning informal sector,” said Mutasa. green jobs in most sectors spurred by technological developments and Section 9.2 provides that; “The general Conference Most unions have lost membership due to investments. shall be composed of accredited delegates from fully retrenchments while some of those still employed were “We are noting technological developments driven by international paid affiliates and the elected officials of the not paid, thereby affecting their subscriptions to the investors which are bringing green jobs but our worry as labour is our Congress and members of the National Women's ZCTU. preparedness as a country to adapt to the changes without causing Advisory Council and National Young Workers excessive carnage to existing jobs especially in industries that heavily rely on fossil energy,” he said. 2016 DEC - JAN 2017, The Worker Page 7 Relief for pensioners as NSSA increases payouts Vet dismissed for $54 fraud JAMES M MUTASA he Labour Court has dismissed an appeal by a former veterinary extension assistant Paddy TMatsina who was dismissed on allegation of defrauding the Civil Commission (CSC) of $54-00. The CSC alleged that Matsina in his official capacity received dipping fees on several occasions between 21 July 2010 to 19 August 2010 and fraudulently receipted the correct amount on the top receipt and a lesser figure on the fast copies pocketing the difference. According to CSC papers which were availed to The Worker, Matsina who was based in Mashonaland West Province in Sanyati district received $74 -00 and remitted $20-00 to the Commission, converting $54-00 to his personal use. Matsina was dragged to the disciplinary hearing by the PSC on the 15th of July 2014 and subsequently discharged on 22 September 2014. Despite the veterinary assistant denied the charge submitting that he did not commit the carbon fraud and there was no evidence to prove the case, questioning why it took three years for the CSC to instigate disciplinary proceedings since the alleged misconduct was committed in 2010 and disciplinary proceedings were conducted in 2014. Matsina further argued that the hearing was not properly conducted and claimed that the minutes provided by the Commission were doctored as the hearing proceedings ended Pensioners wait in queue at a local bank to access their monthly payouts as cash shortages escalates prematurely. However, the court had different ideas: “The recording BY ADMORE MARAMBANYIKA on investments which have not losing a lot of money in investments secretary indicated she minuted the proceedings, sent them to benefitted the contributors. where they just invested and never members and produced a final draft that was eventually signed. imbabwe's lowly paid The Zimbabwe Congress of Trade bothered to monitor. Therefore, it's high The record of proceedings was not doctored as alleged by pensioners are set for a relief Unions (ZCTU), a key stakeholder said time that there must be a representation appellant (Matsina),” ruled Labour Court Judge Justice Muzofa. Zfollowing a government the increase though welcome was still of NSSA in boards of all investments “After hearing evidence I was convinced that disciplinary directive to the National Social too meagre to cushion the struggling which they made," she said. proceedings were conducted. I say so because the appellant pensioners. NSSA has invested in the money Security Authority (NSSA) to (Matsina) had legal representation then. He should have only increase monthly pension payouts. ZCTU secretary General Japhet market, property, short and long-term Moyo said was misplacing its priorities investments in associates and addressed this perceived injustice by immediately taking legal NSSA which is currently paying $60- action if so advised,” reasoned Muzofa. 00 per month to the bulk of pensioners focussing on investments that do not subsidiaries as well as land inventory was directed to raise the payouts to directly benefit the contributors. and deals referred to as "other “The record of proceedings reflects the conversation between $100-00 in the first quarter and He said the ZCTU had consulted investments". the legal practitioner and the disciplinary authority. The record gradually raise this to $150 by June widely and compiled a document in Meanwhile NSSA is set to wield an of proceedings actually sets out information that is personal and 2017. which workers have said they do not axe on some of its employees after it can only be known by the appellant. The minister of Public Service, want the caps imposed on pension flighted a voluntary retrenchment “For instance,” went on Muzofa in her judgment. “His Labour and Social Welfare Prisca payouts package. problems with a workmate, and the restitution of the money and Mupfumira said NSSA had been tasked “We have engaged NSSA on the issue General manager, Elizabeth Chitiga that he used the money to meet medical expenses. There is no to seriously consider improving the of pensions and our position has been released a notice dated December 20 to way detailed information like this can be made up without welfare of pensioners. that NSSA needs to remove caps on the employees informing them of the Appellant' input. pensionable earnings as workers looming cull. "We understand there are several “I have no doubt that this issue was raised as an afterthought. It investments which were made by NSSA subscribe or insure against their salaries. "NSSA is offering retrenchment to all This would result in pensioners earning interested employees. The voluntary is my finding that disciplinary proceedings were conducted in the past, some of which failed to In her judgment Muzofa stated that, “In my view the appellant materialise while others are doing quite meaningfully and their lifestyles would retrenchment offer is open from the date well. However, as Government we are of not deteriorate. NSSA has numerous of this notice up to 13th of January 2017 admitted the charges. He explained why he committed the the opinion that the $60-00 which is investments but pensioners are still at 16.30 hours. misconduct. This is the equivalent of a plea of guilty and that being paid out to pensioners is not suffering. We have a problem with their "The voluntary retrenchment usually dispenses of the need to lead evidence to prove the enough and something must be done to priorities where they contribute towards package is as follows — three months' charges. Appellant cannot successfully disown his plea. He was address the situation. We have since political parties' fundraising and notice pay, two weeks for every year properly found liable. He admitted to the charges. given a directive to the NSSA board to dispatching the mobile clinic which is served, two weeks for every 10 years “I have no reason to interfere with the decision of the come up with strategies to generate supposed to assist workers to political served as gratuity, two months' respondent,” concluded Muzofa. funds which will ultimately see the gatherings. Such resources need to be severance pay and one month relocation Hard done by Muzofa' judgment Matsina appealed to the authority increasing the pension payout channelled towards the contributors,” allowance. Labour Court seeking leave to appeal to the Supreme Court. by March 31, 2017. This has to be done said Moyo. "The package offered is not “I am determined to have justice prevail over injustice,” a because pensioners' welfare should be a NSSA has also been condemned by negotiable and is subject to taxation as Mupfumira over the manner it is directed by the Zimbabwe Revenue sorrowful Matsina said. “I have committed no crime,” he added priority," said Mupfumira. after being quizzed by The Worker, if he had committed the NSSA has been condemned for handling its investments. Authority. Management reserves the offence. abandoning pensioners and focussing "We have seen that NSSA has been right to reject any application at its ZCTU to rebrand as it seeks to reclaim past influential position BY STAFF REPORTER we have not been doing anything, but they refer to our visibility,” said he recently elected ZCTU Mutasa. leadership has undergone a He said the ZCTU was geared to Tmedia handling training increase its visibility and the media workshop as it seeks to rebrand the was the best partner for it to achieve labour body which had hibernated that goal. from limelight in recent years. The training workshop was The labour body decided to conducted by Tabani Moyo, media engage the media as a partner in its specialist and consultant with the quest to reclaim its former position in Media Institute of Southern Africa the media landscape. In previous who said it was the duty of the years the ZCTU had become a leadership and affiliates to come up leading opinion leader and was with strategies that can bring back the always being courted by the media ZCTU to its former glory as an for direction but had over the last few opinion leader. years withdrawn. s “The ZCTU was a leading opinion ZCTU President, Peter Mutasa leader in the 1990's but that faded said the organisation needs to partner over the years. At the same time the with the media to rebrand and claim ZCTU had been doing a lot of work its apex position. but not telling the public about it. If “We cannot afford to continue the labour body wants to reclaim its doing things and keep them to leading role it has to come up with ourselves. As an organisation we strategies and activities that propel it. need partners that can tell our story in The exercise needs the involvement this fast changing media of other stakeholders besides the environment. We have recently come media and affiliate unions who also under attack from the media with need to be kept abreast of activities at questions such as: Where have you the ZCTU,” he said. been over the past few years as He added that the leadership ZCTU? Such questions do not mean should take a leading role if the that we have not been in existence or ZCTU was to succeed in improving its visibility. ZCTU leadership pose for a photo with facilitators at the workshop Page 8 The Worker DEC 2016 - JAN 2017 ZHRC quashes workers’ plea

BY ALOIS VINGA ZRP into line. However in a shocking development bid by the country's workers to which has left the country's workers whip the Zimbabwe Republic desperate and tongue tied, the ZHRC APolice (ZRP) for blocking anti- responded to the ZCTU complaint citing bond notes demonstrations went up in that they can't handle the matter instead smoke after a complaint they lodged with advising that ZCTU should approach the the Zimbabwe Human Rights courts. Commission (ZHRC) was watered down In a letter dated December 1, 2016 when the latter indicated that it could not undersigned by Erick Mukutiri, Acting treat the plea as an emergency case. ZHRC Executive Secretary directed the The workers had organised themselves ZCTU to report such matters to the courts if under the banner of the country's leading urgency was to be achieved. labour federation, the Zimbabwe Congress “The Zimbabwe Human Rights of Trade Unions (ZCTU) notified the ZRP Commission acknowledges your letter of their intentions to stage a demonstration dated November 29, 2016. In this letter you against the introduction of bond notes. requested intervention. In this letter you However, the ZRP blocked the requested for intervention of ZHCR in demonstration arguing that the move was which you state that you had organized a illegal. demonstration scheduled for December 1, Workers gather at the ZCTU Bulawayo office for a demonstration In a letter dated November 28, 2016 2016 in six regional centers namely, Harare, your notice would not have afforded us undersigned by J.Chizemo – Chief Bulawayo, Chinhoyi , Gweru Mutare and because the amount constitutes 3.4 percent enough time to undertake any sort of Superintended Regulating Authority for Masvingo. of banking sector deposits of US$5.913 dialogue. Harare Central Police District, the labour “However, the Zimbabwe Republic billion as at June 2016. “If you request urgent attention the most union was barred from holding the Police disallowed the notifications for The union added that the US$75 million appropriate way is to seek an order of the demonstrations. Harare,Bulawayo and Mutare citing that worth of bond notes introduced only High Court. In future we would appreciate if Following the development, the ZCTU ZCTU did not comply with section (25) (1) amounts to 1.3 percent of banking sector you give us ample notice to address any filed a complaint to the Zimbabwe Human (a) of the Public Order and Security Act. deposits. Hence given its size, it will not fill intervention you may seek from the Rights Commission citing that the ZRP “In your letter you did not specify the the fiscal gap and restore the RTGS and commission,” reads the letter in part. conduct was violating basic human rights kind of intervention you expected from Nostro balances misappropriated by The workers were against bond notes which are guaranteed in the constitution. ZHRC but if were to intervene our government. arguing that even at best, the injection of The workers pleaded with the newly interventions would be in the form of US$200 million will not be able to address established human rights watch dog to engagements and in some cases the liquidity problems facing the economy swiftly investigate the matter and whip the investigations which take time therefore ZANU PF thugs drown baby as state repression escalates sponsored violence. There were BY ADMORE MARAMBANYIKA three incidences involving the military's involvement in politics; n 18 month old baby was 9 cases of torture and 2 cases of the thrown into a six meter attempted murder of infants. Adeep well by ZANU PF There was a disturbing resurgence thugs as they tried to force a of the 2008 trend of harassing the woman to reveal the spouses of political activists. whereabouts of her husband While no death was recorded who is an MDC-T official, a during the month (October), the human rights watchdog, the physiological and psychological Zimbabwe Human Right NGO effects of the violence were Forum has revealed. endured for some of the victims,” The incident is contained in a reads the report. report on Organised Violence and The organised violence and Torture (OVT) reported since the torture observed in October is a beginning of the year which build-up of on-going violence warned of more violence as state from January 2016 and should be repression is not declining in the reviewed in that context. A total of face of biting hardships. 660 victims had been injured as a The Zimbabwe Republic Police result of organised violence and was fingered to be responsible for torture between January and 61 percent of the violations aided October 2016. The violence, Police crush protesters in Harare by ZANU-PF supporters at 29 prevalent since the beginning of percent. The other major the year, had a low of 15 violations ZANU PF had no recorded and levels of political violence in and accepted in the fulfillment of perpetrators were the Zimbabwe in the month of April and a peak of victims while MDC-T (192) had the coming months. Civil and Political Rights that are National Army and the Central 197 violations in the month of the highest number of victims “Plans for more public protests the main subject of this report.” Intelligence (CIO). July. The violence surge observed from its membership, followed by are in the making. The In some of the cases ZANU-PF The violations which were between June to September was Zimbabwe People First (46); government historically has used supporters assaulted 10 people recorded in Chitungwiza, associated with demonstrations MDC-T officials (26). Among heavy-handed tactics in who were intending to attend a Epworth, Goromonzi and Harare against deteriorating socio- social movements Zimbabwe addressing public discontent. On a rally to be addressed by Temba ranged from assaults, torture, economic and political conditions Activist Alliance (ZAA) had the progressive note, the government Mliswa with stones, all the victims abductions and attempted in the country, resulting in state- highest number of victims at 55 has just been reviewed at the presented with head and facial murders, which escalated at the sponsored riot police attacks on followed by Occupy Africa Unity Universal Periodic Review injuries and one had a stab wound height public protests against peaceful demonstrations. Square (20) and National Vendors' meeting in Geneva, where it in the leg. In Chitungwiza four deteriorating socio-economic and The report noted that those Union of Zimbabwe (NAVUZ) presented its report on how it has men and a woman who were political conditions in the country, with unknown cause or political (11),” reads the report. fulfilled human rights in the travelling in an Isuzu double cab resulting in state-sponsored riot affiliation bore the brunt of The report however projected previous four years. Shadow abducted a member of the MDC-T police attacks on peaceful political violence with 296 more cases of violence in the reports from civic society party and assaulted him demonstrations. victims in comparison with coming months as discontent organisations present offered an throughout the day before The state has been on an Women of Zimbabwe Arise with deteriorating social and alternative human rights situation dumping him in Highfield. offensive to thwart public (WOZA) and Unemployed economic conditions is not analysis and the government was The human rights watchdog demonstrations and protests by Mobile Youth Foundation declining adding that cash-flow given recommendations from has warned that the on-going citizens and civic society. (UMYF) 6 that for the entire challenges caused by reduced United Nations member countries crackdown against political “The narratives provide period had a recorded 2 and 3 liquidity in the economy and the present. It remains to be seen to activists characterizes the continuing evidence of impunity victims respectively. introduction bond notes may be what extent the government will contentious 2008 elections that for offenders, the military's “Among political parties issues that determine the cause abide by recommendations made left hundreds of opposition involvement in politics and state- 2016 DEC - JAN 2017 , The Worker Page 9 2016 REGIONAL CONFERENCES Movers and shakers in regional conferences BY STAFF REPORTER HE Zimbabwe Congress of Trade Unions (ZCTU) held its regional conferences which gave fresh five-year mandates to six Tregional executives. The conferences, which were supposed to be held before the main ZCTU congress which was held in October last year were deferred owing to resource constraints, saw some executives retaining their positions while others were relieved of theirs. They were attended by delegates from unions in good standing in line with the ZCTU constitution. The regional conferences saw a sizeable number of unions participating compared to the eight unions which participated in the national congress as Southern Region: Chairperson Ignatius Nheya - most unions were in subscription arrears. The General Council then NORTHERN Region: Chairperson Zviito Fungulani ZIMTA, Vice Chairperson Reward Zvinavashe - extended an amnesty to affiliates in fulfilment of a congress resolution to (ZTIWU), Vice chairperson Faith Chikozho ZEESCWU, Secretary Nyaradzai Madekufamba - offer amnesty to unions in subscription arrears. The amnesty was (NUMAIZ), Secretary Nyota (ZIMTA); Vice ZIMTA, Treasurer Enia Chipindu - ZIBAWU determined by the General Council and after the offer some unions took it Secretary Malunga (ESWUZ), Treasurer Chifamba up which resulted in more unions taking part in the conferences. In his speech the ZCTU President Peter Mutasa called for unity among Central Region: workers noting that the holding of the conferences had eventually happened Chairperson after ZCTU had scrounged around to raise some few funds. Kudakwashe “First and foremost, perhaps the most important resolution the Congress mandated us is to unite all workers in Zimbabwe. There are some unions Munengiwa, Vice that left the ZCTU for one reason or another. Congress said we should allow chairperson. those who want to re-join the ZCTU to do so, but they should on ZCTU Rangarirai Mukobvu terms, procedures and conditions. It is a fact that our numbers are dwindling (ZIMTA), Secretary and workers are becoming an ‘endangered specie’, so we need everyone aboard as our strength is in numbers. We will not allow factionalism to deter Rabbeca Butau us from representing workers. We need to build a vibrant trade union and (FFAWUZ), Vice that calls for the participation of every worker,” he said. Secretary Gugu, He said workers should not be divided by political persuasions but Treasurer Mukozho instead be united by a common agenda adding that ZCTU would open up to more unions in the near future. "Therefore, we will affiliate unions that have not been affiliated to the ZCTU before as well as welcome those unions that left the ZCTU or were The Western kicked out of the ZCTU for any reason. But like I said, we will be cautious in Region: Chairperson our approach and only those who want to work with us are welcome. Ambrose Sibindi Over the years we have allowed politics to cloud workers' issues. We (ZUCWU), Vice have been divided over political persuasion to the detriment of workers Chairperson: Mildred aspirations. Comrades, workers issues cut across the political divide. Ngwenya (ZARWU), Whether your are NDA, DE, NDI, NDO, we all buy from the same shop. We all face the same problems at the workplace and in the country,” he said. Secretary: Winnie Mutasa implored on workers to remain focused and guided by the ZCTU Tshuma (ZIMTA), Vice founding principles which are enshrined in its mission and vision. Secretary: Kenneth “In the same vein, the Congress emphasised the need for the ZCTU to Ndebele (ZIMTA), remain independent. This is in line with our Mission and Vision. The ZCTU Treasurer: Remnant mission reads as follows: “To promote, advance and safeguard the Ndlovu (ZIMTA). economic, social and constitutional freedoms of workers by securing legal, Also in pic ZCTU political, democratic and good governance framework in Zimbabwe Vice Presidents Juniel through strengthening ZCTU's capacity and independence and that of its Mnyere and Florence affiliates.” In the organisational vision, the ZCTU envisions becoming an Taruvinga “independent, viable, self sufficient, reliable and vibrant” labour movement. This comrades, speak for itself. Never again should we allow political parties to interfere with our work. In fact if political parties want our support, they should bring their manifestos to us and beg for our support. Eastern Region: However, we will never allow ourselves to be aligned to any political party. Chairperson Peter Individuals within the ZCTU are free to support parties of their choice. We Mukandi (ZIMTA), Vice should remain non-partisan because when we recruit members, we do not ask them from which political parties they are from. We have to work hard to Chairperson Johhanes depolarize the workplace as well as unions. Over the years, the ZCTU has Kwangwari (ZUCWU) been associated with certain perceptions and the congress made it clear that Secretary Rungano Muza the ZCTU had to rebrand to attract more workers. ZCTU is a brand on its (ZIMTA) Vice Secretary own, but we need to work even harder on the negative perceptions if we are to survive,” said Mutasa. Kitelia Chihururu The ZCTU President urged workers to increase trade union visibility at (NEWUZ) Treasurer. the shopfloor and reminded those that were (going to be) elected into the Beatrice Kwendepi office of the important role of making sure that the ZCTU is visible. (ZARWU). The regional conferences were presided over by the ZCTU leadership in all the six regions. Outcome of the conferences: NORTHERN Region: Chairperson Zviito Fungulani (ZTIWU), Vice North Eastern: chairperson Faith Chikozho (NUMAIZ), Secretary Nyota (ZIMTA); Vice Secretary Malunga (ESWUZ), Treasurer Chifamba Region Central Region: Chairperson Kudakwashe Munengiwa, Vice Chairperson: chairperson. Rangarirai Mukobvu (ZIMTA), Secretary Rabbeca Butau Jokoniah Mawopa (FFAWUZ), Vice Secretary Gugu, Treasurer Mukozho (FFAWUZ) Vice Southern Region: Chairperson Ignatius Nheya - ZIMTA, Vice Chairperson Reward Zvinavashe - ZEESCWU, Secretary Nyaradzai Chairperson Madekufamba - ZIMTA, Treasurer Enia Chipindu - ZIBAWU. Martha Maride North Eastern: Region Chairperson: Jokoniah Mawopa (FFAWUZ) (NEWU) Vice Chairperson Martha Maride (NEWU) Secretary: Afurejineti Goto Secretary: (ZIBAWU) Vice Secretary Salomy Mandizvidza (ZCPAWU) Treasurer: A. Musekiwa (ZIMTA). Afurejineti Goto The Western Region: Chairperson Ambrose Sibindi (ZUCWU), Vice (ZIBAWU) Vice Chairperson: Mildred Ngwenya (ZARWU), Secretary: Winnie Tshuma Secretary Salomy (ZIMTA), Vice Secretary: Kenneth Ndebele (ZIMTA), Treasurer: Remnant Mandizvidza Ndlovu (ZIMTA). Eastern Region: Chairperson Peter Mukandi (ZIMTA), Vice (ZCPAWU) Chairperson Johhanes Kwangwari (ZUCWU) Secretary Rungano Muza Treasurer: A. (ZIMTA) Vice Secretary Kitelia Chihururu (NEWUZ) Treasurer. Beatrice Musekiwa Kwendepi (ZARWU). (ZIMTA). Page 10 The Worker, DEC 2016 - JAN 2017 2016 WORLD AIDS DAY MBC, workers COMMEMORATIONS up in arms over victimization ZIMBABWE CONGRESS OF TRADE UNIONS STATEMENT BY DICKSON CHAERUKA utare Bottling Company (MBC) s World leaders have committed to ending world will be on track to achieve the target of 30 employees have raised alarm over the AIDS epidemic by 2030 in line with million people on treatment by 2020 Mgross rights abuses which they said ASustainable development Goals, the The Private sector not be left behind has set up a include terminations on trumped up charges and Zimbabwe Congress of Trade Unions Joins the rest Zimbabwe HIV and AIDS Wellness Board which will forced resignations perpetrated by top of the World in Commemorating this year's World complement the role NAC and other players in the management. AIDS Day under the campaign theme; “Closing the fight against the pandemic are playing. “We have been operating without a workers Tap of New HIV Infections” We also believe the Board will draw and feed into committee since January this year. Victimization of Zimbabwe has a projected population of 13 the National Monitoring and Evaluation Reporting previous workers' committee members by million people and is among the countries in Sub- system as we are currently getting rather management instilled fear in everyone from Saharan Africa worst affected by the HIV and AIDS inaccurate statistics on what is obtaining in the standing up to voice for the setting up of the workers' epidemic. Private Sector. representative structure. And management seem Since the discovery AIDS in Zimbabwe back in We appreciate the sterling work done by the contend to continue without one,'' said an employee 1985 and declared a National Disaster, the National AIDS Council for coming up with an who declined to be named for fear of victimization. prevalence rate of infection was already high with HIV and AIDS Workplace response which has seen So many has been workers' reports complaining HIV prevalence among adults 15 years and above at a number of workers and community Leaders of their terminations at the company that some 15% according to the Zimbabwe Demographic taking the lead in creating the much needed employees view the move as an unorthodox way of Health Survey in 2010/11. awareness and call for Voluntary testing and restructuring amid revelations the onslaught is The Global picture of HIV Statistics is not pleasing Counselling. mainly targeted at old permanent staff members. at all, currently we have more than 35 million It is so disturbing Master of Ceremony, to hear “We have seen a trend where victimized workers people who have died from AIDS-related illnesses. that the Government has agreed to the introduction at shop floor level were being replaced by new There is however we need to move towards zero of the National Health Insurance Scheme and that contract employees but all middle managerial new infections and can only do so through a multi- NSSA should administer it. employees have not been replaced,'' said the sectorial response strategy that has seen all the We are not in support of that, instead NAC would workers. Zimbabweans putting their acts together to fight be the best as they have an administrative track To date from January 2016 the workers said more the pandemic. The theme Master of Ceremony, as record in the management of such a scheme, just than 40 workers were terminated through alleged viewed by Labour is appropriate and gives us all a like the way they have able to with the AIDS levy misconducts including 7 managerial employees. challenge to now effectively put in place sound which has become a Regional if not Global Model “The strategy has been slapping unsuspecting wellness programs and policies on HIV AIDS and with a number of Countries learning from them. workers with frivolous misconduct charges where TB. In conclusion, the ZCTU Drop Inn Centres will be areas managerial employees were subjected to We commemorate this event at a time when resuscitated at all the Regional Offices where enormous pressure to resign,'' said a former Zimbabwe continues to experience a major HIV workers will take time off and visit to share and managerial employee who requested to remain driven TB epidemic with co-infection rates of 82% access knowledge and information pertaining to anonymous. as the majority of TB patients have an HIV test HIV AIDS and Wellness. The workers said there were about 27 cases lining result. The Zimbabwe HIV AIDS and Wellness Board will up for hearings at the Ministry of Labour Offices in According to the UNAIDS, Countries are getting scale up its drive towards educating on HIV AIDS Mutare. on the Fast-Track, with an additional one million and Wellness at workplace and community level. “Management has been very determined on its people accessing treatment in just six months The Zimbabwe Congress of Trade Unions is not bloody path to terminate employment for workers. (January to June 2016). By June 2016, around 18.2 pleased with the level of sectorial policies There are more than 27 cases registered for hearings million people had access to the life-saving developed on HIV AIDS and Wellness as out of 48 pending at the Ministry of Labour and in all the cases medicines, including 910 000 children, double the sectors registered by the Ministry less than 50% their prayer is dismissals,'' they said. number five years earlier. have come up with such policies. They explained that they were not able to do If these efforts are sustained and increased, the internal disciplinary procedure since there was not a substantive workers committee elected at the company. An Official with the Ministry of Labour Mutare also confirmed the sour relationship that has developed between the Bottling Management and its workers. “The rate at which the company is registering cases for hearings is testimony that there is disharmony at the company. The company has even been failing to establish and work well with a workers committee to arrest this crisis,'' said the Official. The Zimbabwe Congress of Trade Unions (ZCTU) Eastern Regional Office also confirmed having received a series of cases against employees reported by workers. “Some of the charges against workers testify that the management was witch-hunting some employees. The company has been one that is considerably viable in the region after most firms ZCTU activists cleaning up at Mashambazou crumbled to this over decade economic crisis and we while commemorating World Aids Day were of the view that MBC would stand out to appreciate its workforce by fair labor relations, which regrettably is not what is on the ground,'' said Tenson Muchefa who is the ZCTU Regional Officer for Mutare. When contacted for a comment, the company's human resources official only identified as Zinyemba said she was not empowered to do so by the company's policy. MBC is the sole soft drinks beverage manufacturing plant in the eastern border town and Econet Wireless is a major shareholder partnering with the Goldbeck family in the adventure. Employees at the plant including some middle managerial employees have reported serious under mining of workers' rights by top superiors at the company. The company's human resources director, Millionaire Chingombe was said to be in a series of Donations to Mashambanzou meetings till the time of going for print. 2016 DEC - JAN 2017, The Worker Page 11 Mugabe's Cabinet: We are going nowhere Commission (ZACC). Frankly T the end of each speaking I think this STEM year, Chigumura thing needs to be investigated normally rank the A as I smell a rat. All of a sudden, performance of government a number of schools have Ministers during the year and sprouted offering science unfortunately due to issues subjects and I hope there are not beyond my control , I did not connected to the Minister's do that last year. However as cronies. Perhaps ZACC should we start a new year, there is move in. In any case, why is no harm in saying one or two STEM under the ministry of things about the performance Higher Education rather than of our beloved one or two the Ministry of Primary and Ministers last year. Secondary Education? I To be frank, looking at the thought the Ministry of Higher whole list of Cabinet Ministers, Education should focus on no one stood out last year. tertiary education not There is absolutely none whom secondary education. I can say deserve anything Talking of the Ministry of above 50 percent performance Education, Minister Lazarus rating from the President Dokora should rate as one of himself and his two Vice- the worst ministers, obviously President to Resident with his friends Joseph Made President Robert Mugabe Ministers. We must not forget and Patrick Zhuwao. Dokora that most of the Ministers were made a raft of changes in the by giving the “command appointed due to their 'loyalty' Ministry to spite parents. They Agriculture” programme to to Mugabe instead of range from introduction of the other people to run, it's an performance. We must also not so-called 'national pledge' to admission by the government forget that most of these changes in the curriculum. that Made has failed. Despite Minister were much more Infact, he tried everything in the clear failure, Mugabe keeps preoccupied by issues to do book to make life difficult for appointing him. with the ruling party succession parents, including children Then we have Patrick at the expense of running their enrolment methods. The Zhuwao, Mugabe's nephew, ministries. At the same time ministry of Education seems to who admitted that he failed to their performance was affected be a cursed Ministry. interpret the country's by the fact that they either Indigenisation laws. He should aligned themselves with either have been ashamed of himself Lacoste or G40 factions. and resigned. In a nutshell, we As labour movement, our CHIGUMURA have a useless cabinet whose eyes were also on the Minister performance last year averaged of Labour. Of cause Chigumura 30 percent. We are not going was disappointed with the anywhere comrades. performance of Minister Prisca THE last issue offing, Mupfumira. She has proved to Chigumura was subject to be one of the worst Ministers discussion in one social ever to grace the Ministry. Whatsapp platform that I will Perhaps some would argue that not name. Chigumura was at Professor Jonathan Moyo she did quite well by fast the receiving end for saying tracking the Labour Act that there are still some trade Amendment number 5 to Remember the days of Aeneas unionists who are bitter about reverse the July 17 Supreme Chigwedere (who is now the outcome of the ZCTU Court Judgement which saw battling witchcraft allegations Congress and that they have thousands of workers losing levelled against him by his son failed to move on. Of cause I their jobs, Chigumura believes and his clan) who tried to stand by my comments. that she only acted after change the names of all schools Professionally, people who pressure from have issues workers in the same with items way she was forced in the paper to ask President s h o u l d Robert Mugabe to write to the withdraw the Special p a p e r . Economic Zones People who Bill that exempted w e r e the application of the t a l k i n g labour Act in the much on the Special Economic platform are Zones. t h e s a m e Lazarus Dokora But if you talk of k n o w n are top union officials and I Hardly a week passes without noise makers, then empty - big wonder what their subordinates extensive coverage of Mliswa Jonathan Moyo took Temba Mliswa h e a d e d the lead last year. He was think of them! Next time, I will on trivial issues. All of a as well as introduce a single goons who are never taken always busy on twitter talking name them! sudden, Mliswa has become school uniform for all schools seriously. People who spend about either Mnangangwa, the FINALLY, sometimes I an expert in how to win an in Zimbabwe? hours in the pub writing silly thing call STEM (Science, wonder what gets into the minds election. Chigumura hopes Joseph Made has dismally messages on behalf of their Technology, Engineering and of some of us scribes. The way we that Mliswa is not greasing failed to run the Agriculture handlers and when they are Mathematics) or fighting the have been giving Themba Mlsiwa some hands. Ministry resulting in the drunk, expose their foolishness. Zimbabwe Anti-corruption publicity has become nauseating. country getting hungry. In fact, To make matters worse, they Page 12 INTERNATIONAL AND REGIONAL LABOUR NEWS The Worker, DEC 2017 - JAN 2017 Migrant workers must have full rights as all workers New blow for right to peaceful protest as appeal court upholds conviction of trade union leader

South Korea:The appeal court ruling reducing the prison sentence of trade union leader Han Sang-gyun cannot mask the authorities' intolerance of the right to peaceful assembly in South Korea, Amnesty International said. The judges reduced Han Sang-gyun's jail sentence to three years for public order offences and violations of the problematic Assembly and Demonstration Act, during a series of demonstrations in 2014 and 2015. Han was also held responsible for sporadic clashes with police at a series of anti-government protests he helped organize. “Han Sang-gyun should not be held criminally responsible for violent acts taken by a small number of individuals, simply because he was one of the organizers of protests that were largely peaceful,” said Roseann Rife, Amnesty International's East Asia Research Director. “His prosecution and upheld conviction underlines the authorities' intolerance of the right to peaceful assembly.” Han, who is president of the Korean Confederation of Trade Unions, was originally handed a five-year prison sentence at his initial trial in July. The prosecution cited Han's role in organizing the anti-government 'People's Rally' in November 2015, which saw police clash with protestors. Police used excessive force during this largely peaceful protest, including water cannons. The police action caused injuries among demonstrators, including to farmer Baek Nam-gi, who eventually died after he sustained injuries when struck at close range by a police water cannon. Burmese migrant workers in Thailand are transported after their shift ends. More than one year later, the authorities have still not completed a thorough and public investigation into Baek Nam-gi's death, and no Credit: Solidarity Center/Jeanne Hallacy commanding officer has been held accountable. Solidarity Center Senior Specialist for Migration and forming and joining unions, they are unable to advocate to In the same period, prosecutors have processed more than 100 cases Human Trafficking Neha Misra took part in a Facebook Live improve wages and working conditions. Migrants have against participants in the 'People's Rally', and the courts have handed event today to shine a spotlight on the promotion and become a massive, disposable, low-wage workforce down more than a dozen prison sentences. Han Sang-gyun and five other protection of the rights of migrant workers. The event, held excluded from remedies or realistic opportunities to members of the Korean Confederation of Trade Unions remain in jail. in advance of the International Migrants Day (December bargain collectively for improved wages and working “The speed with which Han Sang-gyun's case was processed is in stark 18), included a discussion with International Labor conditions.” contrast to that of the slow-moving investigation into the use of force that Representative Sara Fox and the U.S. State Department led to Baek Nam-gi's injuries, and eventual death. This calls into question Bureau of Democracy, Human Rights, and Labor. Misra's Solidarity Center Empowers Workers to Form Unions the commitment of the government to secure justice for Baek Nam-gi and comments follow. Moreover, workers in temporary, guest-worker or his family,” said Roseann Rife. The Solidarity Center implements programs around the circular migration programs (programs touted as Han Sang-gyun is among a list of people, including human rights world, such as those in Bangladesh, Qatar, South Africa and “development solutions”) face limits on their right to form activist Park Rae-goon, and former National Assembly member Lee Seok- Mexico, to support migrant workers in exercising their rights unions and worker associations because they often are fired, kee, who have been unjustly charged and sentenced to prison terms for the at the workplace and throughout the migration process. blacklisted, detained or deported for trying to exercise their legitimate exercise of their rights to freedom of expression or peaceful Whether documented or undocumented, the Solidarity rights. assembly. Center recognizes that migrant worker rights must be As Kiai notes, “Violence with impunity is also common. The appeal hearing took place against a backdrop of large-scale mainstreamed into worker rights advocacy more generally, In Mexico, migrant farm workers at one of the country's peaceful protests against the embattled South Korean President Park Geun- meaning that migrant workers must have full rights equal to biggest tomato exporters were physically assaulted when native workers. First and foremost, migrant workers must hye across the country in recent weeks. The participants came from a broad they complained about lack of food or tried to leave the work have the freedom of association and right to organize and spectrum of civil society raising a multitude of issues including human camp where they were kept 'as prisoners.' Camp bosses collectively bargain. rights concerns. threatened workers who demanded their illegally withheld In the landmark report, “Rights to Freedom of Peaceful “The authorities need to show that the recent restraint shown in the pay. The indebted workers could not enjoy their assembly Assembly and of Association” presented to the United policing of protests is more than an opportunistic political tactic. One clear and association rights for fear of losing wages that would not Nations (UN) General Assembly in October, UN Special signal would be to end the unjust prosecutions against organizers of be paid until the harvest. The company received World Bank Rapporteur Maina Kiai forcefully conveys how the vast demonstrations,” said Roseann Rife. financing and supplied major United States grocers.” majority of the world's workers are disenfranchised from The Solidarity Center supports programs globally to their rights to assembly and association—rights that are help migrant workers organize. For example in Jordan, the fundamental to all other human rights—either by exclusion Solidarity Center supports the first of its kind Domestic Slavery, whipping, death at sea: report or outright oppression. Workers Network (DWN), to assist migrant domestic The report finds that “low-wage migrant workers face buse in the Indonesian fisheries industry is symptomatic of an workers from Sri Lanka, the Philippines, Bangladesh, severe economic exploitation, social exclusion and insidious global trade in people, a report says. Indonesia and other countries to collectively advocate for political disenfranchisement. They are often denied their their rights and support each other for better conditions in A freedoms of peaceful assembly and of association because their workplaces. The DWN also supports monthly legal As the demand for fish continues to grow, the experiences of more than of their irregular status or by structural barriers in legal clinics for migrant domestic workers, and provides linkages 1,000 trafficked men have highlighted the sinister side to what can end up channels that systematically disempower workers . . . . with domestic worker rights organizations in the workers' on our plates. Because most migrant workers are effectively barred from origin countries. It has been almost two years since a report by the Associated Press revealed deaths and slavery aboard fishing boats in Indonesian waters and sparked a mass rescue of men in Benjina and Ambon in the country's east. The testimony of more than 1,100 of these fishermen, as well as more Workers struggle despite boom than 280 returned Indonesian fishers, has since been pieced together by the International Organization for Migration (IOM) to form a detailed account ambodia's booming well,” he said. suitable wages for construction of how those involved in illegal, unreported and unregulated fishing on construction sector has The ministry's research showed the workers because the construction foreign vessels in Indonesia go about their business. created many much- construction sector needs a sector is one of the country's priority "When compared to trafficking in persons in other sectors, exploitation C sectors and the work is riskier than in the fishing industry is among the most severe," the report, released in needed jobs, but as a new report by workforce of about 200,000 people the Ministry of Land per day, he added. other work,” he added. Jakarta, concludes. Management, Urban Planning However Sok Kean, the president “Our union only has about 6,000 Recruited from a range of countries to work illegally, the men became and Construction (MLMUPC) of the Building and Wood Workers members, not like the garment enslaved. shows, several serious issues on Trade Union Federation of sector. That is why we do not have a Almost 90 per cent of 249 victims reported they weren't paid, while 65 salaries, health and safety need to Cambodia, questioned some of the strong voice to make the government per cent said they worked 17 to 20 hour days. be addressed. figures. listen to the problems people are "Minor mistakes, laziness, and insubordination were not only punished The construction sector has He said the last time the ministry facing in the construction sector.” with beatings and whippings, but also in some cases victims were confined created about 200,000 jobs per day issued a report it showed... unskilled A survey by the International or chained." throughout the country, the report workers on construction sites were Labour Organization (ILO) released Fishermen from Myanmar and Cambodia told of the murder of said. paid $8 per day for 30 days work last year said Cambodia has one of colleagues by captains when they were too weak or sick to work. "The next of kin and other family members may never have been The report also said: “The monthly every month, but now they say the lowest unemployment rates in informed of the death," the IOM states. wage for unskilled workers ranges unskilled construction workers get the world, with only 0.55 percent of National laws were breached, front companies established, different from $120 to $200, while technicians from $120 a month, much less than the working-age population flags raised aboard vessels, and catch changed hands at sea until the fish earn from $250 to $350 and skilled the $240 they would get if they were unemployed. entered the global supply chain where people were ignorant "of its workers receive from $300 to $450 paid $8 per day. However, the proportion of people provenance and the human toll". per month.” “The workers have to work for a working in vulnerable and low-wage Chief of Mission IOM Indonesia, Mark Getchell said the stories Huy Nara, the general director of daily wage, so the whole month's jobs was also among the highest in contained in the report were "symptomatic" of the insidious trade in the Construction Department at the work is not like other sectors that the world. people, not only in the Indonesian and Thai fishing industries, but globally. MLMUPC, said the construction have public holidays and days off for The ILO study blamed the surge in Mr Getchell said he hoped the report highlighted to businesses and sector has also helped Cambodia workers,” he said. vulnerable employment on the lack consumers the "criminal activity and exploitation potentially reduce poverty by creating more jobs “The Labour Ministry seems to be of stable jobs. underpinning their profits or the fish on their plate". for people on a daily basis. not concerned about the problem of “When there is a lack of decent The IOM has outlined a raft of recommendations for the Indonesian the health and safety of workers. jobs, workers often turn to informal “The growth in the construction government, including that investigators be trained to spot the signs of sector has contributed to poverty “We requested many times that it employment,” the report said, adding that this “is typically human trafficking. reduction and provided the intervene in the problem and ensure Indonesian Fishery Minister, Susi Pudjiastuti announced that fisheries knowledge and experience for the health and safety of workers. We characterized by low productivity and low pay.” businesses must now comply with a 'human rights audit' as part of the workers and technicians to further would like to request the government licensing process. Source: AAP understand the technical work as to focus on the health, safety and 2016 DEC - JAN 2017, The Worker Page 13 2017 budget neither pro-poor nor inclusive note employment costs constitute only 17% of the total agriculture allocation. Health received the fifth largest share of the budget at 6.9% which translates to about 2% of GDP. Employment costs however constitute 79% of the total health budget. Per capita health allocation stands at US$21 down from US$24 in 2016. This implies that government will spend an average US$21 per person on health care in 2017 which is grossly inadequate. The per capita allocation is much lower when you remove the employment cost component. The per capita health allocation is lower than the SADC average of US$146. Per capita health allocation is US$650 in South Africa, US$90 in Zambia and US$200 in Angola. Total health allocation has also remained lower than the 15% Abuja target and the Sub Saharan African average of 11.3%. According to the WHO countries such as Malawi, Rwanda, Madagascar, Togo and Zambia have managed to reach the Abuja Finance Minister Patrick Chinamasa target. As of 2015, Rwanda was spending at least 23% of its budget on health care. The proposed health fund levy of 5 cents for every dollar of airtime and mobile data may hurt businesses especially SMEs that rely on mobile telephones for communication if this translates into an increase in the cost of airtime and mobile data. Most countries have come up with corrective taxes that are levied on goods and services that are considered bad for the individual or society at large. Examples they try to boost their election prospects. alternative to FDI we must provide strong The 2017 National Budget comes at a time include taxes on alcohol, cigarettes and Hence the fiscal deficit for 2017 may be incentives to diasporans to encourage them the country is experiencing a binding products and activities with negative much higher the projected US$400 million. to remit more. Such incentives could include liquidity crisis. The liquidity crisis is a environmental consequences. Such The financing of the budget deficit allowing them to vote wherever they are manifestation of structural deficiencies and corrective taxes can improve fiscal revenues through domestic borrowing though which is highly unlikely and allowing them distortions in the economy typified while at the same time reducing socially and inevitable is worrying as it poses a serious dual citizenship. Other critical reforms such deindustrialisation, rising informality, high environmentally undesirable activities threat to financial sector and reforming our parastatals are also unlikely to public debt, lacklustre export performance, thereby promoting good public health. This macroeconomic sustainability. Domestic be implemented before the elections dwindling capital inflows, capital leakages, levy should have been imposed on such public debt has risen markedly by about 85% considering the useful patronage and rent poor infrastructure, institutional goods, services and activities. from about US$2 billion in 2015 to about extraction role parastatals play. weaknesses, weak confidence, a volatile Defence (and home affairs) spending US$3.7 billion by 31 October 2016. As at 31 The Minister has included more products political environment among others. In continue to take a lion's share of the budget to October 2016, total public debt (both onto the import ban list. This is supposed to particular, the high levels of informality the detriment of health and other social domestic and external) stood at US$11.2 be a temporary measure. The major problem presents challenges for domestic resources services sectors. In Rwanda and Uganda billion of which US$7.5 billion is external with imposing bans on imports is that such mobilisation within the context of budget they drastically reduced defence and debt. Such a high public debt relative to our measures are beggar-they-neighbour financing. security in 2011 to allow for scaling up of GDP affects our international financial policies which could attract retaliation from The salient budget highlights include: a pro-poor expenditure on human and credibility and hence our ability as a country our trading partners. Since all our trading projected economic growth of 1.7% up from infrastructure development. Military and to unlock more resources and investments. partners are bigger than us economically the 2016 estimate of 0.6%. This projected defence spending have been shown to retard In fact our international financial credibility such an eventuality could leave us worse off. improvement is anchored by improvements development by diverting government is so low that even our so-called friends from There is also a very high opportunity cost in agriculture, mining and possibly resources that could be put to better use. In the East cannot and will not assist us until associated with import bans in terms loss of manufacturing. Developments in the mining fact development, not military deterrence, is and unless we implement structural and and agricultural sectors however depend on the best strategy for a safer society. institutional reforms. At best what they can global commodity prices and weather Developed countries spend relatively more only offer us is political solidarity which patterns, exogenous factors which are on health than they spend on defence while does not put bread on the national table. Full beyond our control. The IMF on the other developing countries spend relatively more arrears clearance is unlikely to be realised hand projects the economy to shrink by - on defence than they spend on health. The before 2018 as government revenues are not 0.3% in 2016 and to further deteriorate by - USA spends 6.6 of its GDP on health care likely to improve significantly enough to 2.5% in 2017. The economy is only expected and only 3.8% of its GDP on defence. Japan make a big impact on debt repayment/arrears to recover in 2021. spends 1% of its GDP on defence and 6.5% clearance. With strong pressure on fiscal Inflation is projected to average 1.1% in of its GDP on health care. Germany spends expenditures leading up to the 2018 2017 from an average -1.5% in 2016. This 1.4% of its GDP on defence and 8.6% of its elections the fiscal deficit will worsen projection is however based on the GDP on health. Eritrea on the other hand causing the total domestic public debt to assumption that the economy is going to spends 19.4% of its GDP on defence and increase. improve. If the economy weakens further only 3.2% of its GDP on health. Burundi The trade deficit is projected to narrow to that will mean that the economy will not spends 5.9% of its GDP on defence and only US$1.537 billion in 2017 from US$1.985 create enough aggregate demand to push 0.6% of its GDP on health. Zimbabwe billion in 2016. This is on account of poor potential revenues the government could prices up and hence the economy will remain spends about 6% of GDP on defence and export and import performance on the back earn by imposing higher import tariffs mired in a deflationary bog. Inflation is security and only 2% on health. There is of an appreciating US$. Such a high trade instead. generally a barometer of the health and therefore a clear direct and positive deficit has negative implications on our cash In terms of budget allocations the soundness of an economy. A low and relationship between health spending and generation capacity as well as public Ministry of Primary and Secondary positive inflation is a sign of a healthy and development. As long as we continue to indebtedness. For instance, in 2016 the Education received the biggest share of growing economy while negative inflation is spend more money on defence relative to government incurred unbudgeted for 19.6% of the total budget which translates a sign of a declining economy. health care we can never prosper expenditures associated with drought related into 6.4% of GDP. Employment costs Total fiscal revenues for 2017 are economically. grain importation amounting to US$253.5 however account for a staggering 98% of the projected at US$3.7 billion while total In conclusion, the macroeconomic million. Government most likely had to total education allocation. The expenditures are projected at US$4.1 billion framework has not changed and the Budget borrow to finance this unforeseen preponderance of employment costs implies leaving the country with a fiscal deficit of remains highly consumption oriented with expenditure. The country is likely to borrow the crowding out of capital investments, US$400 million down from the 2016 the bulk of fiscal revenues going towards again this coming year unless agricultural maintenance and other expenditures for estimate of US$1 billion. The projected funding employment related costs. production improves significantly enough to programs and service provision. Home deficit of US$400 million is however highly Employment costs are projected to gobble obviate the need to import food. Affairs received 8.9% of the total budget optimistic. In 2017 there is likely going to be 73.2% of total expenditures and 81% of total Elections tend to generate a lot of which translates to 2.9% of GDP. This a lot of upward pressures on fiscal revenues. This will therefore leave very little uncertainties and most investors are likely to represents the second biggest allocation. expenditures in light of the looming resources to fund critical pro-poor services adopt a wait-and-see attitude which will Employment costs account for 93% of the elections in 2018. Importantly the and sectors. On this basis alone, the 2017 negatively affect investment and capital total allocation. Defence received the third rationalisation of the civil service and other Budget therefore neither pro-poor nor inflows into the country. Already FDI biggest share at 8.3% of the budget which fiscally austere measures such as suspending inclusive. the payment of civil servants bonuses may inflows declined by about 23% from translates to about 3% of GDP. Employment US$545 million in 2014 to US$421 million costs constitute 86% of the total defence not be politically feasible at least not before Prosper Chitambara is a Development in 2015. This negative trend is likely to allocation. Agriculture received the fourth the 2018 elections. The world over Economics/Finance scholar and continue at least until after the 2018 biggest share at 7.1% of the budget governments tend to spend more and run practitioner. He holds a PhD (Economics) higher budget deficits before elections as elections. While remittances are a viable translating into 2.3% of GDP. On a positive Page 14 The Worker, DEC 2016 - JAN 2017 Right to retain company property

ore often than not, The application is solely and that possession of the rei should dispute, the rei vindicatio can lie at “From the number of similar employers and exclusively available to an owner normally be with the owner and it the instance of the employer in disputes being filed with this court Memployees have found of the property. Where one is not follows that no other person may appropriate cases and the matter one would say that there appears to themselves at courts over an owner or anticipates owning the withhold it from the owner unless thereby falls outside the purview of be a general misconception disputes regarding possession of property, the remedy will not be he is vested with some right the Labour court as it is not a amongst employers that one can company property. Such available to him even though he enforceable against the owner matter that can be heard or easily avoid the jurisdiction of the disputes would often arise in may have paid the price but yet to (e.g. a right of retention or a determined in terms of the Labour Labour Court by seeking to recover cases where the employee would collect the property. This can be contractual right). The owners, in Act or any other related property in the possession of an have been suspended or noted from the case of .Edward instituting a rei vindicatio, need, enactment. It is my view that the rei employee without first exhaustively dismissed from work. This Collin Gardner v Dampier therefore, do no more than allege vindication is not a cause of action dealing with the termination of the article seeks to lay out the Development and Others and prove that he is the owner and whose remedy can be granted in employment of that employee. I requirements of an application HH/72/10 wherein the court noted that the defendant is holding the terms of the Act as a stand alone have had occasion to consider a to repossess the property and the that: res, the onus being on the remedy in the absence of a dispute similar question in Zimtrade v defences which may be available “One of the essential elements defendant to allege and establish that is specifically provided for Makaya 2005 (1) ZLR 427 (H). In to the employee. The article will of an actio rei vindicatio is that a any right to continue to hold under the Act.” that matter, which was unopposed, I also seek to look at which court party seeking such relief must against the owner. The position that the rei declined jurisdiction. My reasoning has been endowed with establish the right of ownership. Where a suspension of an vindication cannot lie at the in that matter was firstly that the jurisdiction to hear and The author D Carey Miller in The employee is being challenged, an instance of an employer where the Labour Court has exclusive determine an application to Acquisition and Protection of employer cannot use the actio rei issue of suspension is being jurisdiction in matters relating to repossess the property which Ownership(1986) at p 256 after vindicatio. This position was laid challenged was earlier enunciated suspensions form employment and would be in the possession of the making the above point goes on to down in the case of Medical in the case of Zimtrade v Malord termination of employment. employee. stress that: Investments v Rumbidzayi Makaya HH/52/05 where the court Secondly, I reasoned that the An application to repossess the “As Voet points out, the action Pedzisayi HH/26/10 at page 4of stated at page 2 of the judgment possession of the employer's property is known at common law is not available to those who have the cyclostyled judgment. The that: property by an employee in terms of an application for rei vindicatio. not yet obtained ownership as for court stated that: “Where the validity of the the contract of employment is so The requirements that one has to example, a purchaser who has “The resolution of the dispute suspension of the employee or the interdependently linked to the meet in order to file the application paid the price but not yet obtained between the parties is not entwined termination of their employment is contract that one cannot decide on have been laid down in a number delivery. Nor, indeed, is it enough still pending, it is my view that the one without deciding on the other. of cases. For instance, the for the plaintiff vindicatio rei cannot In the result, because the Labour requirements were recently laid t o g a i n properly lie at the Court has exclusive jurisdiction down by the High Court in the case o w n e r s h i p instance of the over the one, it follows that it also of Bandela J Ndlovu v Spiwe Posi pendente lite employer.” has exclusive jurisdiction over the HH-475-15 in which Mwayera J because it Where the issue other. The conditions of service of stated that: c a n n o t b e of termination is not an employee are simply the terms “Our law is settled that an competent for a yet settled, one upon which that employee is applicant seeking to rely on rei party to institute cannot rush to the employed and to try and separate vindicatio must prove that a vindicatory High Court in order the contract from its terms appears He is the owner of the property. a c t i o n to get an order to to me legally untenable and in any That at the institution of anticipating the obtain the property event, highly undesirable.” proceedings, the thing or property acquisition of from the person It can be noted from the above sought to be vindicated was still in ownership”. holding it. This that where an employee is in existence and the respondent was What is clear aspect was dealt with possession of the property of an in possession. i s t h a t a with the resolution of the contract in the case of DHL employer, the action rei vindication That the respondent's purchaser who would not have of employment as was the case in International (Pvt) Ltd v Clive lies at the instance of the employer. possession is without his consent taken delivery of the property Zimtrade v Makaya (supra) where, Madzikanda HH-51-10. This case The employee's defence can be to or respondent has no right to despite having paid the purchase pending determination of the also dealt with the issue of allege the right of retention such as retain possession of the property.” price will not be able to invoke the contract of employment, the jurisdiction. That is, which court in the case where the suspension is The principle on which the actio rei vindicatio. The same employer sought to repossess its can determine the matter. being challenged. Where however action rei vindicatio is based is that applies to a person who anticipates assets from the employee using the One of the pertinent questions the contract has been terminated, an an owner cannot be deprived of his owning the property. rei vindicatio. It appeared to me which would ordinarily rise is employee would have no defence at property against his will and that The requirements were also then to be the correct position at whether the application is all. The High Court has jurisdiction he is entitled to recover it from any laid down in the case of Stanbic law that where the validity of the entertained by the Labour Court or to hear and determine such an person who retains possession of it Finance Zimbabwe v Chivhunga suspension of the employee or the High Court. Such a question application which is brought in without his consent. Once 1999 (1) ZLR 262 (HC). The court termination of their employment is usually arises due to the fact that terms of the common law. ownership has been proved its said the following on the still pending, the rei vindicatio the matter will be intertwined with Basil Makururu is a continuation is presumed. The requirements of the rei vindicatio could not properly lie at the a labour dispute which calls upon registered legal practitioner and onus is on the defendant to prove a and the onus on the defendant: instance of the employer. I am still the Labour Court to resolve and independent arbitrator. right of retention. The right of “The owner may claim his of the same view.”. On the yet the application is a common retention will be the employee's property wherever found, from contrary, where the status of the law application capable of being defence. who-so ever is holding it. It is former employee is without resolved by the High Court. The inherent in the nature of ownership court stated that: Industry warns of company closures as economic meltdown persist

cash and companies reeling under partnership will enable HARARE: More Zimbabwean engaging the government to come as labour. Industry leaders and a heavy tax saddle. Zimbabweans settled in South companies could close if the up with solutions. government officials will meet to The government had earlier Africa to send money straight into government and the business “Companies could close and try to come up with solutions to the announced and reversed a new EcoCash mobile wallets of sector failed to come up with we could end up with a dire economy on January 26 in Harare. steep tariffs for mobile data, which friends and relatives. measures to address liquidity situation,” the president of the The outlook for this year set the cheapest mobile data The CZI said this year challenges, cost structure and CZI, Busisa Moyo, said. looked bleaker, according to charge giving subscribers about Zimbabwe had to “eliminate the delayed payments buffeting the The representative grouping industry sources, but the 10MB for 50c, with a portion of external payment backlog” that economy, the Confederation of had lobbied the government to upcoming tobacco marketing this expected to go into a health was affecting procurement and Zimbabwe Industries (CZI) has adopt the rand for use in season would provide some sort of fund and other taxes. supply of goods and services warned. Zimbabwe last year but Harare respite for the economy in terms of The government extended its while the government had to Finance Minister Patrick turned this down and moved foreign currency earnings. begging bowl to diaspora “address the cost Chinamasa has projected forward to introduce local bond Some companies are looking Zimbabweans to remit more competitiveness” of the economy. economic growth of 1.7 percent for notes that are holding the fort so beyond the short-term outlook, money home and financial service “Companies are applying for Zimbabwe this year, but business far. The bond notes have equal with PPC anticipating increased firms are inking partnerships to tap short working hours and are leaders and company executives value to the US dollar in production from its new plant in into the market. laying off workers. All are sceptical of this growth rate. Zimbabwe. Harare, while the Delta Econet Wireless said that it had manufacturers have been affected Last year Zimbabwe's economic However, industry Corporation has lined up two new partnered with Transfer To to boost adversely by delayed payments growth rate was a paltry 0.6 representatives in Zimbabwe are beer-manufacturing plants in the remittances from South Africa (precipitated by liquidity percent. still pushing for “internal country. through the Mama Money challenges),” Moyo said.by: Now the CZI, which devaluation” which essentially But signs of a struggling financial services company. The Business Report represents big manufacturers, is represents the cutting down of economy are everywhere, with prices, tariffs and other costs such people still lining up to withdraw 2016 DEC - JAN 2017, The Worker Page 15 World Cup: Fifa expands competition to 48 teams Afghanistan to he World Cup will be expanded to host 48 teams, Tup from 32, Fifa has tour Zimbabwe decided. An initial stage of 16 groups of Afghanistan have never lost a bilateral series to Zimbabwe. Zimbabwe three teams will precede a knockout have successfully negotiated a five-match ODI series with Afghanistan to stage for the remaining 32 when the plug the gap in their cricket calendar. They last played internationals in change is made for the 2026 November - a 50-over tri-series with West Indies and Sri Lanka - but were tournament. looking at a six-month hiatus before their next assignment - a tour of Sri The sport's world governing body Lanka. This has now changed with Afghanistan scheduled to reach Harare voted unanimously in favour of the on February 13 before the first game on February 16. change at a meeting in Zurich. Afghanistan in Zimbabwe 2017 The number of tournament Feb 16 - 1st ODI, Harare matches will rise to 80, from 64, but Feb 19 - 2nd ODI, Harare the eventual winners will still play Feb 21 - 3rd ODI, Harare only seven games. The tournament Feb 24 - 4th ODI, Harare will be completed within 32 days - a Feb 26 - 5th ODI, Harare measure to appease powerful Both teams have done well in their most recent matches, although European clubs, who objected to Zimbabwe's were three months ago, when they beat West Indies to make reform because of a crowded the tri-series final but lost to Sri Lanka. Afghanistan, too, have not played ODI cricket since October but they have been active in the shortest format, international schedule. winning the inaugural Desert T20 Challenge, which also featured Ireland, The changes mark the first World Scotland, Oman, Hong Kong, Namibia, Netherlands and UAE. Cup expansion since 1998. Additionally the head-to-head record between the two countries favours Fifa president Gianni Infantino Afghanistan, who have never lost a series to Zimbabwe since beating them has been behind the move, saying in 2015 to register their first series win over a Full Member. the World Cup has to be "more Zimbabwe and Afghanistan's A teams will also play a five-match one- inclusive". day series in Harare between January 27 and February 5. "We are in the 21st century and © ESPN Sports Media Ltd. we have to shape the World Cup of Gianni Infantino, Fifa’s President © Reuters the 21st century," he said at a news conference after the announcement. nothing for now." players. We will also ensure that Harare hosts pre-season rugby fiesta It is the future. Football is more than The World Cup's weirdest clubs' interests will continue to be ZIMBABWE Rugby plays host to Super Rugby stars who are just Europe and South America, format changes protected." expected to jet into the country ahead of a two day pre-season football is global. The football fever FA wants further information What the critics say: 'It will tournament to be held in the capital on January 28, 2017. you have in a country that qualifies The Football Association said in a dilute the competitiveness' The tournament will see four Super Rugby teams clashing at the for the World Cup is the biggest statement: "We will work with The European Club Association National Sports Stadium in a preparatory tournament for the 2017 promotional tool for football you Uefa, Fifa and the other European (ECA), which represents the Vodacom Super Rugby season which rolls into life on January 28. can have. This football promotion, associations to understand how the interests of clubs at European level, The four teams are expected in the country before they take to the field. in many parts of the world where 48-team Fifa World Cup will work. reiterated it was not in favour of an Kyros Sports Management Business Development Director Nyasha today they have no chance to play The priority has to be consideration expansion. It said Fifa had made a Muchochome said all was set for the hosting of the Old Mutual Super [at the World Cup], was at the top of of the potential impact on fans, political rather than sporting Rugby pre-season tournament. our thoughts," he said. players, teams and leagues, and also decision. “The preparations of the tournament have been going on very well, and According to Fifa research, recognition of the importance of "We fail to see the merits to we will be having the Emirates Lions who are the Super Rugby finalists, revenue is predicted to increase to sporting integrity and commercial changing the format of 32 that has Currie Cup Champions Toyota Cheetahs, Currie Cup finalists Vodacom £5.29bn for a 48-team tournament, viability. In terms of the allocation proven to be the perfect formula Bulls and DHL Stormers and these are some of the biggest South African giving a potential profit rise of of places, we note that further from all perspectives," it said in a clubs that will be gracing this year's tournament,” said Muchochome. He said the partnership with the Super Rugby giants would play a pivotal £521m. discussions will follow across the statement. Campaign group New Fifa Now "Questionable is also the urgency role in the development of the physical sport in the country at grassroots confederations and would expect a level as the teams are set to hold coaching clinics during their stay in the described the expansion as "a proper consultation process to be in reaching such an important money grab and power grab". decision, with nine years to go until country. carried out before any decision is “The pre-season tournament will play a pivotal role in the development But Infantino said: "It's not at all a made." it becomes applicable, without the money and power grab, it is the proper involvement of stakeholders of the sport in the country as players and the technical team of the clubs will Scottish Football Association hold coaching clinics while the same applies to our national sides,” he said. opposite, it's a football decision." who will be impacted by this chief executive Stewart Regan This year's tournament marks the second edition of the pre-season He added the decision was taken change. welcomed the expansion, saying it tournament following its successful inaugural tournament which played "based on sporting merit". was a a "positive step, particularly "ECA will analyse in detail the host to two Super Rugby team, Cheetahs and Vodacom Bulls. He said the decision on who will for the smaller nations". impact and the consequences of the get the extra qualification slots has Uefa, European football's new format and will address the Strike At Swazi King's SADC University yet to be decided but "this will be governing body, said: "It was clear matter at the next meeting of its orkers at the university in Swaziland that King Mswati III looked at speedily". that all other confederations were executive board, scheduled for the has chosen to spearhead his University of Transformation "No guarantees have been made," overwhelmingly in favour of end of January." started a strike on 9 January 2016 protesting about short- he added. "The only sure thing is expanding the Fifa World Cup to 48 New Fifa Now says the W that everyone will have a bit more governing body needs to reform, term contracts. teams. As a result, Uefa decided to About 100 workers at Limkokwing University of Creative Technology [representation] than they have." join in supporting the new format of said it would "dilute the He said there is no rush to decide competitiveness of the took to the streets and blocked the university's main gate. the competition. The strike was led by the Swaziland Union of Non-Academic Staff for what will be used to separate teams "Uefa is satisfied that it tournament". who finish on the same points and "It will not help development of Higher Institutions (SUNASHI). succeeded in postponing the final The Swazi Observer, a newspaper in effect owned by King Mswati, goal difference. the game or provide improved decision regarding the slot reported SUNASHI Secretary General Fundizwi Sikhondze saying, 'The Reports had suggested there allocation of every confederation in competitive opportunities for staff is concerned that the university offers them short employment could be a penalty shootout at the the future format of the Fifa World lower-ranked nations," it added. contracts. The staff is offered as little as a year's contract while some get end of each drawn match. Cup. We would also like to state that "Instead, it will make a mockery of two years.' But Infantino said: "This will be we are happy that the new proposed the qualification process for most Limkokwing has been chosen by King Mswati, who is both sub-Saharan part of the regulations to be decided length and format of the tournament confederations.” Africa's last absolute monarch and the Chair of the Southern Africa a few years before the event, it is does not increase the burden on Development Community (SADC), to house a University of Transformation to take students from across the SADC region by August 2017. History of World Cup overhauls The Observer reported Sikhondze saying, 'We believe the university is WORLD CUP TEAMS FORMAT not a fly-by-night institution and will be in the country for years to come. 1930 Uruguay 13 1 group of 4 and 3 groups of 3, with only top team progressing to The government of Swaziland is constantly investing large amounts to the semi-finals institution and that gives us hope that it is not going anywhere. Why can't 1934 Italy 16 Straight knockout tournament the university invest in its staff and employ them on a permanent basis?' 1950 Brazil 15 (13 took part) 3 groups of 4 and 1 group of 3, with top side Sikhondze said the strike came after the university's management and staff failed to reach a consensus on their grievances. progressing to final group of four Limkokwing Vice Chancellor Professor Cedric Bell reportedly said the 1954 Switzerland 16 4 groups of 4, but only 2 games in each group, with top 2 sides through strike was set to coincide with examinations at the university and cause to quarter-finals maximum disruption. 1958 Sweden 16 4 groups of 4, this time with 3 games. Top 2 sides through to quarter- A statement from Limkokwing management published in the Observer finals read in part, 'The university has served notice of a lock out on the union and 1974 West Germany16 4 groups of 4 but now followed with 2 groups of 4, the 2 top sides those staff who choose to exercise their lawful right to strike will not be paid during the period of labour withdrawal and are not to come onto the competing the final campus.' 1982 Spain 24 6 groups of 4 followed by 4 groups of 3, the winner of each qualifying Limkokwing was the centre of controversy in 2016. In December, a for the semi-finals Swaziland parliamentary committee ordered an investigation into the 1986 Mexico 24 6 groups of 4, top 2 sides and 4 best 3rd-placed teams qualifying for standard of qualifications held by academic staff at the university. Students round of 16 had petitioned the Swazi Government saying many lecturers only held 1998 France 32 8 groups of 4, top 2 sides progressing to knockout rounds Bachelor degrees and had just themselves qualified from the university. Page 16 The Worker, DECEMBER 2016 - JANUARY 2017 ‘Striking’ Warriors blunt in Gabon BY SPORTS REPORTER occasion but his early absence from the first match proved costly to HE Zimbabwe Warriors Zimbabwe. Khama Billiat had a few marched into the battle flashes which faded with each Tfields of Gabon for the game. The sheer brilliance of his coveted $4million Total Africa movement, a subliminal grade of Cup of Nations after staging a passing, a shrewd technique, a successful 'strike' for their hamstring, the petrifying AFCON bonuses and allowances, goal, the assist and an ironic humble snubbing a presidential dinner spirit combined to forge a forward and the nation waited to see if who for two matches was sorely they were going to maintain their missed by his country. determination for positive results ‘The Coach – Kallisto Pasuwa and strike the big prize but He made the right decision to instead showed that they were resign. Pasuwa appeared clueless weaklings when it came to the when the team was under attack. He real battles. had no other option - No Plan B' After securing for themselves a There was no need to defend for package which would see each 45 minutes against Algeria in as player getting $5 000 in appearance much as there was no need to show fees per match and a daily foreign Senegal excessive respect on the allowance of $400 each. They also pitch. In the last match against wanted a winning bonus of $6 000 a Tunisia the coach failed to put into player per match, which was set to use the lessons he had endured in the increases by $2 000 for every stage previous games. After noting the passed. The Warriors were set to strengths of Kuda Mahachi and Tendai Ndoro he probably should pocket at least $86 800 each in One of the few happier moments, The Warriors celebrate a goal match fees if they had managed to have seen that possibility of starting go all the way and win the them in the match against Tunisia to tournament but they have add the team's attacking options. made and that goal he scored. themselves to blame for While Georges Nengomasha was not amused a poor showing on the Leekens has either by Pasuwa questioning the pitch. resigned as the officiating. I think Pasuwa cannot Like the “Warriors national team head be blaming officials , he needs to of shame' only coach of Algeria just apologise to the nation and tell managing to outfox following their them we failed to get to the ZIFA to pay them early exit from promised land and we need to move handsomely, crumbled AFCON 2017 on. Except for maybe the penalty spectacularly with each Pasuwa's future there was no poor officiating. When game in Gabon starting with the Warriors you are a coach you need to learn to with a 2 all draw with hangs in the study your opponents and improve Algeria, followed by a balance following your game , I did not see two nil loss to Senegal massive criticism improvement we were making the and finally a 4-2 over his tact and same mistakes from previous game drubbing against ability to read the said Nengomasha. Tunisia. In all the matches the game. Nengomasha analysis was Warriors exhibited serious Former Zimbabwean backed by Shaun Bartlett and defensive and tactical deficiencies. international Tinashe 'Father' Samuel Kuffor who felt Pasuwa The Warriors were outclassed by Nengomasha lashed out at Callisto tactics were wrong and seemed the opponents in every department Pasuwa's tactics after the 4-1 defeat baffled by some of his decisions. Willard Katsande and Coach Kallisto Pasuwa have called it a day and that could a result of the reason by Tunisia. 'Katsande Strong At Tackling, why our players are trekking to Nengomasha is part of the Weak In Distribution' failure to address logistical woes distant lowest in AFCON 2017 South Africa when facing Supersport's panel of analysts for Willard Katsande did not really surrounding the welfare of the group B – endured a shambolic opponents with players plying their AFCON 2017 and did not hold back make an impression in terms of ball players. This almost always takes a psychological preparation to trades in some of the most in his assessment of the Warriors distribution, an area which toll on the preparation and morale of AFCON 2017, whose embarrassing competitive leagues in Europe. performance. ultimately proved to be key in ZIFA inexperienced teams at results were evidence of problems After going past minnows in the Speaking after the game dictating the outcome of the match. AFCON level. revolving around lunches, mould of Swaziland and Malawi in Nengomasha said, 'I don't know He was strong committing into ZIFA's first allegiance is to the accommodation and allowances. the qualifiers and securing a place what he was thinking or doing. I tackles, but lacked decisive national teams and it is the 'Warriors Need A Winning in the finals with a game in hand a can't understand his tactics and influence with the ball on his feet. A responsibility of the national Plan' lot was expected of the Warriors but formation. For example playing two number of changes are set to take football governing body to clear a The Warriors come across as a they could not match the stamina, defensive minded midfielders in place with Willard Kastande already smooth ground, physically, group of talented players playing in experience and tempo in exhibited such a game. Maybe this can be a announcing his retirement while the emotionally and financially, on different leagues across the world. in Group B. learning curve to improve if ZIFA future of head coach Callisto time, for the teams which will be They need to invent a working decide to keep him. I have always Pasuwa is hanging in the balance. facing other adequately prepared winning plan, where they come Individual talent thought Ndoro is a good a finisher 'ZIFA Has More To Work On' teams. together and work on bonding and Knowledge Musona proved his and should be starting I do not get Over the years, the association The Warriors – who rank 103 on knowing each other better. mettle and class by rising to the why he was not being used. You saw has come under criticism for its FIFA World Rankings and ranked a Additional reporting when he came in what difference he Soccer24.com