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Voice of the Labour Movement E stablished 1 9 88 Issue No: 217 AUG U ST, 2 01 4 Re gist e r e d at t he GPO a s a New sp ap er Workers NRZ pay demos Now or stoking never for strikes Page 3 Page 16 Page 5 Page 11 for Kaindu Page 16 Victory for workers as TNF thwarts LMF BY CHRISTOPHER MAHOVE he Zimbabwe Congress of Trade Unions (ZCTU) has scored a major victory for workers in their fight against Labour Market TFlexibility after the Tripartite Negotiating Forum (TNF) partners agreed that the collective bargaining process must take into account various considerations that include productivity and the needs of workers and their families. The agreement effectively thwarts attempts by business and some sections in government to introduce Labour Market Flexibility, which would have given employers the green-light to hire, fire and retrench workers without due compensation. The TNF partners, which are labour, government and business, this month agreed on issues for labour law reform and adopted principles for the legislation of the TNF, which will see the streamlining of retrenchment processes to make them respond to the needs of both employers and workers. In the agreed amendments to the legislation, National Employment Councils (NEC's) will now be empowered to determine minimum packages for retrenched workers and as well as put a cap on the number of times a contract of employment is renewed to avoid abuse after reports that some workers have been on contract for over 10 years. An independent dispute settlement system will also be put in place within Tripartite Negotiating Forum principals George Nkiwane (Labour), Min Nicholas Goche (Government) and To Page 12 Jack Mrewa (Busines) addressing a press conference in Harare earlier this month . Workers want job action over economic meltdown

BY STAFF REPORTER as it sought to hear the views of the In Masvingo, workers demanded of taking to the streets to push that the economic meltdown was general membership on the state of that the national labour centre government to find an economic posing a serious threat to workers' orkers across the the economy. organise a national protest. solution. survival, as some were going for over country are threatening The forums are being held in all the 'We have been patient for long, the “Cde President, we have nothing several months without salaries while Wto hit the streets with ZCTU's six regional centres where government and the employers are to wait for, the situation is appalling hundreds of companies were shutting massive protests demanding action the national regional leadership is taking us for granted, everything and our families as workers are down. from all stakeholders to address the meeting the working class with an seems to be deteriorating and workers suffering, we cannot continue to have “We are facing a doomed future economic slide. emphasis on the threat posed by are the worst affected. Its high time this, so I say let's go for protest, tinoti with the rate at which the economy is The sentiments have been drawn Labour Market Flexibility (LMF). we demonstrate and show our power, ngachitsve,” a worker contributed to crumbling and government seems to from labour forums held across the ZCTU President George Nkiwane maybe the authorities will begin to the forum. be not concerned. So, as workers we country by the Zimbabwe Congress and Secretary General Japhet Moyo understand our predicament,” said Nkiwane said that the state of the need to say enough is enough and take of Trade Unions (ZCTU) leadership will address workers in all the one worker. economy and the status of workers ZCTU's six regional centres. Other workers agreed with the idea was deteriorating by the day adding Continued on Page 5 Page 2 The Worker, AUGUST 2014 ZCIEA reviewing organising strategies

conducted on organizing in the informal BY ADMORE MARAMBANYIKA economy to come up with a practical work- he Zimbabwe Chamber of plan and analysis on organizing was a Informal Economy Association milestone towards building a stronger (ZCIEA) is looking at ways to informal economic sector. T Zimbabwe Congress of Trade Unions organise players in the informal economy to enhance their visibility and (ZCTU) President George Nkiwane who also representation capacity. attended the workshop urged ZCIEA to In an effort to realise working organising continue with its noble idea of organising strategies for the informal economy the players in the informal economy. Zimbabwe Chamber of Informal Economy “Its high time ZCIEA moves a gear up in Association (ZCIEA) has held a research to organising its membership. It's no longer a find the best alternatives in organising the secret that the informal sector is now the informal economy sector to keep it alive. biggest employer in Zimbabwe. You need to ZCIEA president Lucia Masekesa said the move from rhetoric to action,” he said. informal economy was now the biggest in the Nkiwane added that the informal economy country hence the need to organise players in was driving the economy but needed to be the economy in pursuance of better working well organised. He reiterated that ZCTU will conditions and recognition. stand by ZCIEA as informal traders and In her remarks at a recent workshop on the formal employees are all workers who need importance of organising in the informal representation from their mother bodies. economy Masekesa said the formal economy ZCIEA Secretary General Wisborn was shrinking and the rise of the informal Malaya said his organisation had a potential economy needs to be handled carefully by of recruiting more members but the majority authorities adding that the informal economy of them remain unorganised and ignorant of was not transitory. their rights. “We have realised that the numbers of “If the informal economy is organized we Researchers on informal economy organising get recognition, the formal industry is dying retrenchments have increased since the formation of ZCIEA, and the retrenched and the informal economy is sustaining many organise them given their gender roles and which were not comfortable with our agenda. workers need to be captured in terms of livelihoods. The informal economy traders other social responsibilities that restrict their There was a feeling that we were on a mission organizing, keeping a track record of these sustained the economy when it was on its participation. The research we conducted to form another political party. We managed workers to strengthen the trade unions,” said knees and continues to do so but we are not revealed several hurdles in organising the to find a way out because our message to the Malaya. getting the necessary recognition and sector,” he said. informal traders was universal, that is how we He added that organising the informal continue to be treated like criminals by law The research showed that the legal and managed to build ZCIEA. However the same economy would reap more rewards as an enforcement agents. We have carried out our regulatory framework, economic old challenges are still there. The politicians organised lot of informal traders can research as an avenue to improve our strength. development policies, leadership, cultural know that numbers are now in the informal collectively negotiate with authorities on We are glad that the researchers managed to norms, negative attitudes and lack of self- sector hence they want to control it through working terms. tap data from all over the country and came up identity by informal traders were some of the policy regulation,” he said. “Once the traders are organised and with a document that would improve our issues that hindered organising in the sector. The workshop came up with a work-plan getting the necessary recognition we will not livelihoods if followed and implemented “We have traders in the informal economy on how best ZCIEA would start to effectively spend most of our time running battles with religiously,” she said. who do not identify themselves as workers, organise the informal economy. The work- law enforcement agents but doing our She said authorities need to engage the how can they participate in informal activities plan also focussed on the role of the business without disturbances. Once the informal traders with a view to find a common or associations and cannot be organized. We government in organising the informal sector starts operating in an orderly manner understanding rather than conflict. also have people who work in isolation in economy as well as extending social security we will not have problems in paying the dues “We have the deaf and dumb in the homes and backyards. This group of informal cover to the sector. to local authorities,” he said. informal sector and it is very vital if traders is difficult to get but we will come up The informal economy in Zimbabwe Malaya said economic hardships triggered authorities could enhance their with strategies of organising and encouraging started to sprout soon after independence by the Economic Structural Adjustment communication with this group by use of sign them to participate in informal activities,” he following the scrapping of colonial restrictive Programme (ESAP) stimulated the growth of language. We also need sanitary facilities at said. migration laws. The sector grew from 13 the informal economy. the workplaces. It is very important to ZCIEA coordinator Elijah Mutemeri said percent in 1963 to 23 percent in 1980 in He said there were many dynamics in organise the sector for it to be recognized by the political interference was a major hurdle Zimbabwe. organizing in the Informal Economy government as a representative body with a in organising the informal sector as political ESAP reduced the number of formal emanating from internal, external, political voice on policy influence and intervention so parties feel threatened as their powerbases lie workers by retrenchments expanding the and conceptual factors with many trade that we can effectively assist membership in within the numbers in the informal sector. informal economy. The 1997 economic crisis unions lacking skills in organising the sector. skills training, education, accessing credit “When we started organizing the informal further expanded the informal economy “Women make up the majority of players loans and savings facilities,” she said. traders we faced several political challenges through job losses and the situation has not in the informal economy and it is difficult to She said the review of the research from both the ruling and opposition parties improved. Zim in top 10 worst countries for child labour Myanmar, Afghanistan, Pakistan occupations that limit or damage However, authorities in the said. By Christopher Mahove and Yemen complete the top 10 list. their overall development. country are playing down the extent According to Marplecroft, many parents in impoverished countries imbabwe is among the top The Child Labour Index 2014 The International Labour of the problem, using cultural push their children to work out of 10 countries where the evaluates the frequency and severity Organisation (ILO) defines child practices as a scapegoat for necessity. In most cases they parents problem of child labour is of reported child labour incidents, as labour as “work that deprives perpetrating the vice, especially in Z the agriculture sector. find themselves not able to sustain greatest in the world, sitting at well as the performance of children of their childhood, their their families on their own income, number eight on the Child Labour governments in preventing child potential and their dignity, and that Zimbabwe National Farmers and feel they have no choice but to Risk trajectories, according to the labour and ensuring the is harmful to physical and mental Union Director, Edward Tome, said push their children into child labour. Marplecroft Child Labour Index accountability of perpetrators. development.” the problem of child labour in the Therefore, the provision of 2014. The index was developed to help Child labour, which is rated as country was being exaggerated. living wages and safe working The country, together with five other understand and identify risks of one of the biggest obstacles to “The West needs to understand conditions will go a long way in African nations in the top 10 list, children being employed within human rights globally, perpetuates the cultural practice of African combating child labour as parents namely Eritrea, Somalia, DR their supply chains in violation of poverty by depriving children of people where kids learn trades will be able to provide for their Congo, Sudan and Burundi, are international standards on minimum education, rendering them without through working together with their families without being forced to among the 83 countries rated in the age of employment or in the skills needed to secure the future parents. The focus is to have kids depend on their children. extreme risk category. of the nations they live in. learn a better life at a tender age,” he 2014 AUGUST, The Worker Page 3 Industrial crisis threatens HIV & AIDS domestic funding Spending Assessment (NASA) from deducting Aids levy at a time report carried by NAC, domestic when the pandemic's domestic funding accounted for 29 percent funding is unsustainable. This wherein Aids Levy contributed 11 should be revised since it's the percent of the statistics. country's thriving lucrative sector at It was disclosed that the Aids this time the economy has been Levy, levied at three percent of shrinking,'' said the ZCTU Second every employee's taxable income as Deputy Secretary General, Gideon well as three percent from Shoko. employers, accounted for a total Labour Stakeholders asserted amount of $128, 4 million as that with over 10 000 workers collected from March 2009 to shoveled out of formal employment March 2014. after close to 100 companies folded External Funding composed of operations owing to the hostile bilateral and multilateral sources as economic environment, it was well as International Non- imperative for the NAC board to Governmental Organizations tighten screws and essentially (NGOs) and Foundations composed ensure accountability in addressing of a total of 71 percent of the short comings in exploring all country's normally over $300 potential avenues that could million annual budget towards the contribute to the National Aids Trust national response to HIV and AIDS. Fund to improve the domestic The major external donors funding. highlighted by NAC included the Dr Mugurungi said the Ministry Part of the delegation that attended the sensitisation programme in Mutare World Health Organization (WHO), through NAC was making frantic Global Fund, Red Cross and the efforts to improve domestic funding Newlands Clinic. saying a healthy nation is a had to be cast into the informal By Dickson Chaeruka were represented by the Zimbabwe Statistics availed by the NAC Productive Nation. sector to boost the funding. Congress of Trade Union (ZCTU) Accountant, Alfonso Nengoma Zimbabwe, with a 15 percent ''HIV and Aids requires a he country's decade long and the Zimbabwe Federations' of indicated that as at the end of the prevalence rate according to the response across all levels of society economic meltdown Trade Unions (ZFTU). year 2012, companies had 2013 Zimbabwe Demographic and by all sectors of the economy as Tresulted in company He said that the dwindling contributed only one percent Healthy Survey (ZDHS), has been it exceeds the capacity of one closures as well as massive job domestic funding sources left HIV towards HIV and AIDS funding. commended by the international Ministry. Currently there is a study losses, has stifled subscriptions to and AIDS programs highly The country's labour leaders, community for its effective strong underway being carried out by NAC the National Aids Trust Fund dependent on donors in the country who are one of the NAC key response towards HIV and AIDS, to collect Aids Levy from the (NATF) forcing the National Aids which could be risky as well as stakeholders, also expressed which has seen it recording a informal sector and to assess on how Council (NAC) to find possible unsustainable. concern on why employers in the significant decline in new infections much could be realised in the avenues to coordinate the HIV and AIDS financed mining sector were exempted from and in the pandemic's death and the national response to the pandemic,'' informal sector to contribute programs managed by NAC, which contributing towards the National country was recorded to be still on a he said. towards Aids Levy, it was is the country's multi-sect oral Aids Trust Fund despite of it being decreasing trend on adults HIV new Dr. Mugurungi said this recently established. coordinator in the national response the country's dominant lucrative infections. in Mutare at a two day National Aids Director of Aids & Tuberculosis in to the pandemic included; industry. Council sensitization workshop the Ministry of Healthy and Child Prevention Programs, Program ''We wonder the logic why the held at a local hotel meant to Care, Dr. Owen Mugurungi revealed Management, Human Resources current legal frame work seek to strengthen linkages and co- that the country's current sources Development, Research as well as maximize profits in the mining operation between the organization towards the pandemic, mainly the Treatment, Care and Support. sector by exempting employers Aids Levy, was too little that the net and labour unions' federations that According to the National Aids Chinamasa statement kills any hope for civil servants' salary increase BY CHRISTOPHER MAHOVE “This is the final nail. It is clear from pay dates as the government is struggling to pay its workers. he statement by Finance and Chinamasa's statement that we will not be In the run up to the July 31 elections last Economic Development Minister, getting any increment anytime soon,” said year, President Mugabe had promised to give Patrick Chinamasa that the one teacher who spoke on condition of T anonymity. civil servants PDL linked salaries but the country's salary scales are unsustainable government workers got an increase of $78 have dashed any hopes left for civil Another civil servant, who also spoke on in February which brought the minimum servants to get salaries linked to the condition of anonymity, said it was sad that wage to $375 from $297 with promises to Poverty Datum Line (PDL). the government was now reneging on its effect another increment in July. The PDL is Chinamasa told a Parliamentary Portfolio promises to pay them living wages. currently pegged at $543. Committee on Finance and Economic “It is sad that the government is now However, the government has failed to Development that the dollarisation of the trying to find excuses not to give us the live up to its promises, only managing to pay economy had caused the economic challenges promised increases. Minister Chinamasa five percent rural allowances for teachers in bedeviling the country as it had come with must not compare our salaries with other rural areas. unsustainable salary scales. countries as our economies are way too Teacher representatives confirmed that Ironically, Chinamasa is the one who different. Our salaries must match the most of their members had received the introduced the multi-currency regime in 2009 prevailing prices of commodities and utility allowances starting June. when he was then Acting Minister of Finance bills,” he said. There are now fears that treasury might following the collapse of the Zimbabwe He said their spirits had been dampened fail to even pay the current salaries as its dollar. by the statement adding that many in the civil revenue inflows are way below expected Civil servants who spoke to The Worker service were now working “according to what targets. expressed dismay at the utterances by we are getting”. This has prompted the Zimbabwe Chinamasa saying they were an indirect way He said the delays in the payment of Revenue Authority to tighten its screws on of saying government was not willing to salaries for civil servants were a result of companies that have been evading paying award them the salary increases promised by warped priorities by government. tax and also extending its basket to informal President Robert Mugabe during his For the first time in the history of the PATRICK CHINAMASA traders. campaigns for the July 31 elections. country, civil servants no longer have fixed Page 4 The Worker, August 2014 The

Voice of the Labour Movement Comment Well done ZCTU, but keep eyes on the ball

ARTIES to the Tripartite Negotiation Forum (TNF), the government, labour and business, early this month agreed Pon measures to reform labour laws in the country as well as principles that govern the TNF, a move that must be applauded by all Zimbabweans who seek a better life for workers. It has not been an easy negotiation considering that the government and business were working hard to introduce labour market flexibility. At the forefront was the Ministry of Finance and Economic Development that has been claiming all along that labour laws in this country favoured workers at the expense of business. He claimed that investors were not willing to invest in Zimbabwe because of such laws. The major sticking points during the negotiations were the issued to do with fixed term contracts, fixing of a retrenchment package as well as to linking wages to productivity. On the issue of fixed term contract, employers wanted the right not to rehire a contract worker at the expiring of contract, but to choose whomever they want. Labour ably argued that this was open to abuse by employers as well as victimisation of contract workers. The employers wanted to throw the issue of 'legitimate Government must engage expectation' through the window. ZCTU won the argument and the current provision will remain as it is. Further more the ZCTU wanted a cap on the number of times independent land auditors when a contract is renewed. This is because currently there are people who have been working for more than 10 years on a contract basis. It was agreed that National Employment Councils (NECs) be given the power to put caps. to restore former glory Workers also argued that fixing retrenchment packages is not in the spirit of collective bargaining because companies are number of farms seized different. The issue was left for the NECs to negotiate. from former white Chombo manage more than one Zimbabweans at large. The On productivity, labour unions argued that linking wages to Acommercial farmers thousand hectares which his allocation of land was done productivity is unfair because there are a lot of variables that during the internationally divorced wife once revealed? It also politically, when it could have been determine productivity. These include availability of water, condemned fast track land boggles the mind how one can own done economically, if our economy electricity, raw material, the right technology and the right skills. reform program are regrettably such big farms, while countless is really in agriculture. Where is the In any case, they argued, all these factors are always brought at lying idle as most 'new farmers' able Zimbabweans just dream of economic sense, if the whole land the fore during collective bargaining processes. It was then agreed lack capacity to run the farms. small shares for serious production. issue is politicized? that the International Labour Organisation (ILO) Conventions Few successful land owners are There are so many Zanu PF There is much in land that 131 on fixing minimum wages be used. This includes productivity ZANU Pf bigwigs who siphon politicians and supporters wasting beneficiaries could raise when as well as taking into account the needs of a workers and their national resources and enslave precious land which could be productive. Food must not be a families. workers for their personal shared and utilized for the problem if our farms get well All an all it was a win-win situation for both parties. In fact, enrichment. betterment of the nation. utilized. Employment can be Most failing land grabbers lack workers argued more professionally than business. What is now Agricultural productivity is created on a large scale in farms, if useful farming equipment, related currently very poor because of government redistributes land important is for workers to keep the eye on the ball. There are necessary resources and greedy political opportunists. fairly. crooks out there and workers need to monitor the drafting and agricultural knowledge. Some of Independent land audit is therefore A large number of our failing eventually passage of the Act. The devil is on the details. For the them receive various inputs 'new-farmers' employ very few time being, we say, well done to ZCTU leadership and its technical from government and workers who are messing up staff. It was a job worth the sweat. reportedly sell, squander cash because they are paid peanuts. and leave their farms idle or Farming must be taken as a underutilized while others life-giving, great succumb to economic entrepreneurial business with challenges due to which takers-in, and the nation mismanagement. PERSPECTIVE can envision serious wealth in. Many of the failing farmers The government must engage are currently lending, selling WITH independent auditors and parts of, or all their farms to eke eventually offer unused and out a living. These are KIMION TAGWIREI underutilized land to potential The hallmarks of failure. It is well people whose vision is known that politically connected seriously needed to deal with economically sound, regardless of 'new farmers' seized multiple, big multiple land owners who are political affiliations. farms than they need. Some just The Worker is published by the regrettably underperforming, Remember how difficult it was got farms without the right Zimbabwe Congress of Trade Unions making it difficult for the once for anyone to attain a media or agricultural visions but out of 9th Floor, Chester House, 88 Speke Ave breadbasket of Africa to restore the telecommunications license in political interests. P.O Box 3549, Harare former agricultural glory. Hiding Zimbabwe. One of the once TEL/FAX 04-702474/705602 It is true that not everyone who behind fingers by blaming banks unwanted operators, Econet E-mail: [email protected] got land is politically connected. and sanctions will not help the Wireless is now the largest mobile Www.theworker.co.zw Beneficiaries of the land reform nation in any way as production telecom operator in Zimbabwe. www.theworkerzimbabwe.com program include some landless remains poor and our economy Who disputes that Strive has poor, graduates from agricultural continues bleeding. contributed much to the nation? EDITOR colleges and individuals who just There must be a Like-minded business people can LAST TARABUKU applied and fortunately attained comprehensive, transparent and boost our economy if given space [email protected] land. It is however unacceptable non-partisan land audit that brings in agriculture today. that the highly politically to light who owns what, and An independent land audit can REPORTERS connected war veterans, ZANU PF utilization thereof. therefore help so much as a step ADMORE MARAMBANYIKA officials, supporters and It has been over-emphasized towards fair redistribution of [email protected] sympathizers grabbed the biggest, that our economy is in agriculture, underutilized and unused land, and CORRESPONDENT best farms without productive but the chaotic way government ending our food, employment and DICKSON CHAERUKA business visions. dealt with the land issue ruined our economic nightmares. Honestly how can those like economy and made life difficult for Feedback; email the 'cell phone farmer', Ignatius the very ZANU PF government and [email protected] 2014 AUGUST, THE Worker PAGE 5 BTI workers in contactual dilema with new investor By Dickson Chaeruka management was avoiding formal One of the company's managers practise when an employer Erhard Kuhn, the subsidiary was communication with them. said they had been avoiding formal deliberately and unilaterally take disposed of to Sure Seal with effect Sure Steel (Pvt) Ltd, acquired “Our new salaries that we communication with the workers in such a decision to dispose of the from 25 April. from Boarder Timbers in Mutare received end of May showed that the order to avoid external company without the workers' “Border Timbers Ltd (BTL) is embroiled in a bitter wrangle engagement date at Sure Steel was interferences. knowledge. It's a clear violation of continues to face a challenging with over 200 workers it inherited May 1 without any explanation. This '' I can confirm that everything is the labour Act Section 2 A which business operating environment. as a going concern. is contrary to some correspondents in order and the company was recommend consultations with The challenges have caused the The workers are crying foul over the that we were placed on transfers of purchased as a going concern. All workers at least 3 months prior to board of directors and executive move claiming they were not undertaking,'' said the workers. workers are not going to sign any any transaction,'' he said. management to continue to consulted or notified by The workers further queried new contracts but they are The Regional Officer also stated restructure the business with a view that the union was closely management in line with fair labour management's denial to formerly continuing with their employment to focusing on the core business, practises stipulated in the Labour monitoring developments at the brief them of the affairs at the status. To this effect, the dates at being forestry and sawmilling… Act. company around the workers company, saying there may be payslips indicated from when the “We believe this is a very ''We were never briefed of the employment welfare so as to ensure intentions to victimise them off new company commenced positive development for the city of development by management before employment without benefits operations only to avoid credits of fair labour practise standards are Mutare and for the employees who the transactions. The company was judging by a host of unfair labour statutory requirements contrary to applied. will move with the transaction from sold when we were on forced leave practises they had been subjected to perceptions that workers were BTI is a renowned mega timber and we were shocked to be informed since last year. starting on new contracts,'' said the processor which exports most of its BTI to Sure Seal… that we were to start working for a Last year in December all the manager. products to the international markets BTI has been disposed of as a new company,'' said one of the BTI employees were sent on forced Contacted for a comment, the including most of the Southern going concern. All employees workers who decided to remain leave until April when they came Zimbabwe Furniture and Allied African Countries where its working under BTI will be anonymous. back only to be advised of the new Trades Workers Union (ZIFTATU) products such as batten doors, edge transferred to the new business. The The workers, some of whom had developments. Eastern Regional Officer, Ezekiel laminated shelving, decking, new business will continue to been employed for over two According to the workers not all Ngorima said that the company was flooring and engineered panel doors operate from the same premises as decades, said they were still at cross of them were taken back in the Sure not dealing with the matter in good are sold. before,” read the management's roads about their employment status Deal as some were retrenched in faith. According to a management brief. after disclosing that the new December. ''It's a disgusting unfair labour brief from BTL managing director, SADC Peoples Summit Workers demand job action over comes to Bulawayo economic meltdown as economic woes mount

BY MUSA MAKINA over 2 500 participants from community based groups, in BULAWAYO social movements and civil society organisations from all corners of the region under the theme Reclaiming conomic freedom is one of the major SADC for Peoples Development-SADC Resources for thematic issues on the 2014 edition of the SADC People. ESouthern Africa Development Community “We really want to take this opportunity to lobby the Peoples Summit to be held in Bulawayo. government to table our concerns in parliament and As the Head of states will be meeting in Victoria Falls, enact laws that can implement provisions of the Zimbabwe in August, the ordinary peoples of Southern constitutions especially Section 68 of the labour Africa will also converge at the Zimbabwe Trade Fair rights,” Mcijo said. Workers follow proceedings at the Mutare regional office Labour Forum grounds in Bulawayo on August 15 and 16 under the Mcijo said focus will also be on tax justice, labour auspices of the Southern Africa Peoples Solidarity rights, decent jobs and employment...... from Page 1 Network (SAPSZ). “We will also focus our attention on Human security, action to force government to fix the economy. The situation needs the urgency Percy Mcijo the deputy chairperson of Zimbabwe trade, debt and aid. Talk of Cross border traders, now from workers,” Nkiwane said. Coalition on Debt and Development (ZIMCODD) harassment, simplified trade regimes, double tax and The ZCTU leadership is holding the Labour forums countrywide to hear subcommittee in charge of fair trade among other concerns and get a mandate on the plan of action to be adopted. labour told The Worker issues,” he added. “As the ZCTU leadership, we are your servants, that's why we are moving that workers were the He said part of their around the country to seek permission from you as to what sort of action to take. backbone of the nation mission was to advocate for But since you have indicated here in Masvingo that protests is the way to go, we hence much focus should the influence of political will have to get the nod from other regions and we can do as you want,” be given to them. economy on natural resource Nkiwane said.” “As workers we are not use band poverty reduction Workers said they were shocked by President Robert Mugabe's recent happy with the in southern Africa. assertions that the economy was on the mend. unemployment rate not About eight countries “For some from the country's highest office to say the economy was on the only in our country but in have since the inception of mend was shocking, may be the old man was hallucinating or we do not live in many parts of Southern the Peoples summit in 2000 the same Zimbabwe with him,” said one worker. Africa,” said Mcijo. been participating in this “People are suffering and this is clear to everyone that the economy is further “So we will have to sit forum where they have decaying.” The major issues that have exploded out of these forums have been centred down and discuss issues to shared experiences, mapped on the decline of decent work standards at workplaces as well as unfriendly do with unfriendly labour out strategies and built solidarity around common labour laws and policies being proposed by government and employers laws in our country. This Workers across the country are demanding action over economic decay challenges. comes at a time when the In Mutare One participant said the Tripartite Negotiating Forum should set According to ZIMCODD, government is busy up a research body that advises parties on the effectiveness of policies before pushing for the labour the Summit deliberation will implementation. market flexibility which include, but not limited to the Another speaker in agreement with several participants said, in response to we have always resisted,” Sadc peoples declaration the proposed labour law reforms by the government, workers should organise a he said. being submitted to the SADC mass action or any other way of peacefully demonstrating against Labour On May Day commemorations this year, workers in heads of State and disseminate throughout the focal Market Flexibility before it is too late. Zimbabwe marked the day albeit in clear hopelessness points of the members countries in the region as we help Other workers said workers, through their unions, should start holding under the theme Workers intensify the struggle! No to operationalize the ideals and best practices for the demonstrations or showing their agitation at plant level against Labour Market labour market flexibility. SADC region. Flexibility. The two day summit is expected to bring together Page 6 The Worker, AUGUST 2014

UNION NEWS IN BRIEF ZCIEA to petition Parly Guards resort to menial jobs after a 13 month wage drought over archaic laws BY JUSTIN MUWONDA BY STAFF REPORTER otherm Security guards at Redwing Mine have gone for 13 months without pay as the employer alleges non HE Informal sector will soon petition Ppayment from the client forcing workers to do menial Parliament to make amendments to laws jobs to survive. Tthat affect its operations. The Zimbabwe Security Guards Union (ZISEGU) information The Zimbabwe Chamber of Informal Economy officer Justin Muwonda said the 29 workers have only been Association (ZCIEA) members are filling in petition forms that will be submitted to parliament demanding receiving tokens for food resulting in some of them leaving respect and appreciation of the work that they do. employment empty handed. ZCIEA secretary general Wisborn Malaya said the “There are some workers who left employment without getting continued use of colonial laws is hampering activities in salaries for various months while those who have replaced have also the informal economy as most of the traders are not been paid anything. The employer is alleging that he has not regarded to be operating illegally. been paid by the client but that has nothing to do with the employees. “Our challenges are that the authorities and central The employer has a duty to pay for the services that were rendered. If government have kept us under lock and key through his client is not paying there are other avenues to recover the money the Rhodesian laws which no longer align with the which should not affect the guards,” said Muwonda. Zimbabwean life today. We are witnessing all forms of He said the union wrote to the employer but did not get any abuses, harassments, arrests and confiscation of goods by local authorities and the Zimbabwe Republic Police response. (ZRP). We are viewed as criminals hence the use of the Investigations conducted, revealed that Potherm is owed huge ZRP,” he said. WISBORN MALAYA sums of money by Redwing Mine which is under Metallon Gold He said traders are subjected to inhuman searches at ZCIEA SECRETARY GENERAL Mine Group. The Mine has not been operational due to underground boarder posts as well as at Zimbabwe Revenue flooding. However, the other sister mines in this Group of Mines Authority roadbocks which often results in traders Malaya said the government needs to engage the have come to the rescue of the mine by periodically meeting the losing some of their wares. informal economy and hear its concerns as well. financial obligations of the mine, including payment of essential “It is against this painful background that we “The engagement must not only be on how to collect services such as security companies. demand respect and appreciationof the work we do to tax as we hear from the media but on how we can easily It is alleged that when such payments are made the employer earn an honest living. We are just like any other do our business,” he said. pockets all the payments without considering the plight of the ailing Zimbabweans who have fundamental human rights and The taxman is now targeting flea market vendors as freedoms according to the new constitution. It was and workers and their families. an additional source of money to ease the liquidity crisis The remaining employees said were resorting to menial jobs with still not our wish to be in the informal economy, it was a the country is faced with. direct response to the collapse of formal set ups as a the Penhalonga community that include digging in the fields giving ZIMRA officials reportedly asked Bulawayo assistance in reaping of field crops to irk a living. result of the Economic Structural Adjustment vendors to register with the revenue authority to enable Programme which resulted in company closures and them to pay tax and contribute financially to the fiscus. ZISEGU is taking the employer to the National Employment retrenchments. The inability of the formal structures to The development comes days after the government Council for the Security Industry (NECSI) for flouting industrial absorb the job seekers gave rise to the massive admitted that it could no longer guarantee fixed pay rules and regulations. expansion of the informal economy. We still believe dates for civil servants because of the cash crisis. The guards are accusing Potherm of non payment of overtime and that if we are well supported by our government we will Public Service deputy minister Tongai Muzenda failing to provide protective clothing. play a critical role in resuscitating the economy. If the also recently told Senate that government was now government is genuine in all it wants to do it must Of the 30 employees at Redwing Mine in November 2013 only 14 issuing undated payslips to civil servants, adding that are still at work and of the 14 five are new employees who are owed directly engage us,” said Malaya. the new arrangement was set to remain in place for as Responding to calls by the Zimbabwe Revenue long as the national cash squeeze lasts. between three and seven months wages. Authority (ZIMRA) for the informal economy to Finance minister Patrick Chinamasa has also register and pay taxes Malaya said informal traders lamented the cash squeeze further compounded by wanted a win-win situation. failure to access financial support from other countries, “All of a sudden the government is now talking including China. ZUJ moves to improve about imposing taxes on us as if we were against or not This has seen ZIMRA turning on local businesses, paying tax at all. On the hand the same government is tightening the noose on all forms of businesses and saying we are illegal but they also want us to pay tax. We imposing garnishee orders on their tax defaulters' bank welfare of journalists are not opposed to tax but the way things are being accounts to recover tax money. announced,” he said. he Zimbabwe Union of Journalists (ZUJ) is making strides to Timprove the welfare and working conditions of journalists. The union last month held a meeting with Information, Media and Broadcasting Services Deputy Minister, Supa Mandiwanzira to discuss issues pertaining to New organising innovations working conditions and safety of journalists. In a statement the union said the deputy minister promised to assist and give full support to the union. The ZUJ leadership which met the Mandiwanzira comprised President Michael Chideme, Secretary General Foster Dongozi, Treasurer Evince as labour is under siege Mugumbate and secretariat staff submitted a list of its members that need assistance in acquiring residential stands to the deputy minister. He said the decent work deficits BY STAFF REPORTER some companies as workers are “The Ministry would like to acknowledge the request made by ZUJ at last being witnessed in the industry engaged on short time work,” said year's National Journalism and Media Awards (NJAMA) dinner gala for RESH organisers from called for new innovations in Government to allocate residential stands for journalists at subsidised prices,” Kandukutu. different affiliates have organising. said Mandiwanzira. He said they came out with a plan been trained by the “There are a lot of precarious “Having assessed this request, the Ministry would like to confer its full F of action which will be implanted by organising department as the practices being implemented by support for this programme as it is in line with government policy.” individual unions towards the labour centre responds to employers the world over and in Mandiwanzira suggested that rather than have stands allocated in one city, it realisation of the goals of the declining membership levels as partnership with the International was better to have a countrywide allocation. workshop. well as harnessing other sectors. Trade Union Confederation (ITUC) “We are aware that not everyone would like a residential stand in Harare or “The ball is now is in the court of The training which was held over a we are working on new strategies on Bulawayo, hence our (Ministry's) request that you should include the the affiliate unions to perpetuate the five day period drew 20 participants organising to counter such practices. journalists preferred areas from across the country,” he said. organising initiative by resourcing from eight unions in Gweru. The ITUC has developed an ZUJ President Michael Chideme applauded the Ministry for supporting the their organisers. We are capacitating Zimbabwe Congress of Trade organising manual which we have housing for journalists initiative and thanked the ministry for taking time to the unions with skills and they Unions (ZCTU) National organiser modified to suit our context,” he listen to problems affecting journalists. should make use of the trained Michael Kandukutu said the labour said. “We are very grateful to the Ministry for supporting this initiative, which we organisers to effectively in believe will go a long way in improving the livelihoods of journalists and media centre is on a drive to unionise the The organisers were posted to membership recruitment and practitioners,” said Chideme. more workers. various workplace on a field servicing. The ZUJ President also addressed other concerns around the safety of “The training targeted those who experience exercise for a day to find The ZCTU president George also journalists, sexual harassment and gender discrimination, the need for training had never been trained as organiser organising deficits and issues graced the workshop and urged the on reporting Climate Change and problems faced by some journalists in the because we want to widen our affecting workers in the industry. participants to put the acquired skills private media to access national events which hindered access to information. unions' organising teams. We have “When the organisers went out to good use. Chideme voiced his concerns around the personal safety of journalists, seasoned organisers within our they discovered lots of violations He said organisers were the adding that there was need to come up with gender policies in media unions but for continuity we are against workers in the industry such engines that drives unions and they organisations to address gender discrimination and sexual harassment. training new ones in reaction to the as casualization. They also need to be at the forefront of fighting The deputy Minister said there was need for continued engagement in order to dynamics associated with modern discovered that labour market labour market flexibility. come up with solutions affecting journalists. – Staff Reporter/ ZUJ organising trends,” said Kandukutu. flexibility was already in practice at Information Desk 2014 AUGUST, The Worker Page 7 Anglican church ordered to reinstate

BY STAFF REPORTER contracts by serving the CPZ. under Central Province of The three appealed against the Zimbabwe.” n arbitrator has ordered dismissal and the matter was set for The arbitrator also dismissed an the Anglican Church of conciliation where the two parties assertion that the employees were Athe Province of Central failed to agree and it was referred for advised of the changes in an Africa to reinstate two of the three arbitration. emergency meeting because of the employees it had dismissed In their submissions the workers absence of a record of the minutes to following their decision to join a demanded to be reinstated and be buttress that point. rebel faction after its split in 2007. paid all the outstanding dues. “The He upheld their claim of The church split in 2007 with applicants submitted that since underpayments despite the absence Nolbert Kunonga going on to form March 2009 some of the Applicants of proof of payments or any other the Anglican Church Province of were only paid $100-00 each and documents. Zimbabwe (CPZ) and booting out others $150-00 against those “According to the applicants the the Church of the Province of stipulated in the collective underpayments were still going on Central Africa (CPCA) from the bargaining agreement of the sector,” up to the time of termination of their premises. reads the arbitral award. contracts. As such they have a The workers were dismissed The arbitrator noted that; legitimate claim for under following a Supreme Court “Whilst the respondent argued that payments,” reads the award. judgment which ordered that the applicants repudiated their contracts In dismissing the employee who CPCA were the rightful owners of when they chose to remain under was employed after the church split the church and its premises. Kunonga administration, it is not the arbitrator noted that; “The other It was upon occupation of the clear what course of action the terms of reference is whether or not offices by the CPCA that employees employer took either in form of those who were employed after were dismissed. They argued that it disciplinary measures or processing 2007 when the church split were did not have contracts with those that of terminal benefits to indicate employees of the Anglican church of were employed after 2007 while expiry of employment contract with the Province of Central Africa. those that had been engaged before CPCA. It is also not clear whether There are no contracts filed on the split had repudiated their the employees signed new contracts record to indicate whether the contracts were signed under CPCA or CPZ. However by implication it CPCA BISHOP - CHAD GANDIYA means the employees were Construction firm denied employed by CPZ and not CPCA. failed to to prove that he dismissed dismissed without loss of salary or As it would appear from the the employees in terms of the benefits or payment of damages in employees' submission one of them employment code and there is no lieu of reinstatement if reinstatement, ordered to was employed by CPZS and cannot record of disciplinary procedure reengagement is no longer an claim his benefits from CPCA. It carried out before they were option. follows therefore that that the other dismissed. They parties were advised to pay damages two employees who were employed “Rather the employer admits approach the arbitrator for in 2001 and 2006 are entitled to that he evicted them and this renders quantification of damages if they fail By Staff Reporter claim their salaries and benefits the dismissal unfair,” reads the to agree. including November and December award. The workers were represented R. Davies Construction has been ordered to pay damages in lieu of 2012 salaries from CPCA”. CPCA was ordered to reinstate by Tecla Masamba, the ZCTU reinstatement to a female employee it had fired on theft charges The arbitrator said the employer the two employees employed in Northeastern Regional Officer. without conducting a hearing. 2001 and 2006 who were unlawfully The construction company dismissed a female employee Cynthia Gwavava without holding a disciplinary hearing but refused to pay her all her dues. The employee was suspended on 18 November 2013 and the employer openly stated in the suspension letter that she was no longer desirable at the company. She was later dismissed on 4 December without a Arbitrator gives hearing. Davison Munyika, the ZCATWU regional organiser for Harare said the employer had acted arbitrarily and was happy with the award. “We approached the management (Director) of the company appealing against the dismissal but we got no response and we appealed to the national employment council (NEC) for conciliation. At NEC the 16 HCCL managers employer insisted on dismissing the employee and we agreed to work on her damages in lieu of reinstatement but we were later surprised to hear that they were no longer willing to negotiate. The employer had paid her three months' notice pay and her leave pay on termination,” said Munyika. The employer wrote to the union advising it that it was not willing to pay anything more than what was paid and according to them the case was $1,2m in exit perks finalised. In the award the arbitrator noted that employer had flouted several contracts of employment of the 16 as The workers' lawyers, argued procedures to get rid of the employee. BY STAFF REPORTER 'After some money went missing in one of the offices that the Claimant part of a retrenchment exercise and that his clients were entitled to the should pay the agreed packages agreed retrenchment packages (Gwavava) worked, the Claimant was suspended from work to pave way wange Colliery which were approved by the works following developments that led to for police investigations. In the suspension letter, the Respondent stated Company Limited council in terms of the Labour Act. the termination of their employment that whatever the outcome of the investigations, it no longer trusted the (HCCL) has been claimant to work in its offices. Respondent went on to terminate the H “Accordingly, I award as contracts. ordered to pay more than US$1,2 follows: That the contract of In his award, Prof Madhuku said claimant's contract before the outcome of the police investigations. No million retrenchment packages to employment of each of the once the employer made a decision hearing was conducted,” reads the award. 16 managerial staff retrenched claimants be and is hereby declared after the agreement, it was bound by He said the employment was beyond salvage and ordered the company two years ago. to have been terminated on 31 it and could not thereafter purport to to pay damages in lieu of reinstatement. The 16 were part of 200 workers that August 2012 pursuant to the revoke it describing the employer's “Looking at the submissions of both parties, it is clear that initially the were retrenched, with the company retrenchment exercise in the present letter of August 19 2012 seeking to respondent said reinstatement was no longer tenable because of mistrust arguing that their positions were not case. That the Respondent (HCCL) reinstate the workers as a nullity. but later on shifted its position and said it wanted to reinstate the claimant. important in the company's turn- be and is hereby ordered to pay each “The employer cannot revoke a On the other hand the claimant initially wanted reinstatement. However, around strategy. Hwange later of the claimants the agreed termination lawfully made after the after all that that happened as narrated above, the claimant is arguing that turned around on the retrenchment retrenchment package which was completion of the retrenchment she no longer trusts the respondent's sincerity in wanting to reinstate her. after realising that it could not raise approved by the works council,” he procedure,” said Prof Madhuku. She is therefore demanding to be paid damages in lieu of reinstatement. the funds but the retrenchment had said. HCCL wrote to 200 workers in “Considering the facts that the respondent said it no longer trusted the already been approved by the The dispute for determination June 2012 informing them of its claimant; hired a new employee to fill the position of the claimant; the minister. was whether or not the workers were plans to retrench them after changing of goal posts by the respondent and also the stalemates that The managers were owed a total still HCCL employees acquiring new technology. The occurred regarding the terms of reference for arbitration, I am of the of US$1,261 173,12 but HCCL notwithstanding the retrenchment selected workers were declared opinion that the relationship between the respondent and the Claimant has failed to meet its obligation and they which started in June 2012. redundant and excess. been strongly severed. The two parties cannot work together anymore. An took the matter for arbitration to HCCL argued that it exercised its After the retrenchment employer or employee relationship has to be based on mutual trust. recover their packages. right to abort the retrenchment after agreement was sealed, HCCL wrote However, there is no longer any trust between the two parties. Under such The matter was heard by realising that it could not finance the to the affected workers seeking to circumstances, damages haver to be given instead of reinstatement,” reads Professor Lovemore Madhuku who severance packages approved by the reinstate them after it allegedly the award. ruled in favour of the 16 managers. relevant minister. failed to raise the money for He said that HCCl had terminated retrenchment. Page 8 The Worker, AUGUST 2014 ZESSCWU declares war on errant employers

Zimbabwe Educational Social and Scientific Workers Union (ZESSCWU) has vowed to deal with employers who take action against people who want to join their union and those that are failing to remit union due respectfully. In an interview with The Workers' Jackie Mbayiwa-Makuvatsine (JMM), ZESSCWU General Secretary, Sylvester Nhamoigere Mutindindi (SNM) said they will work day in and out to make sure that the labour law is followed no matter what.

JMM: Who or what is ZESSCWU? economic situation as compared to schools which are giving $255, SNM: It is a trade union initially what obtained in the hyper-inflation private schools are paying $288 then formed in 1982 as Zimbabwe era, the sector is a bit stable now, the there are three categories of welfare University Workers Union because big challenge we have is the general organisations which care for it was predominantly started by micro-economic situation where the orphans and destitute then lastly the university lecturers. It was later majority of the people who are NGOs pay $350. discovered that the university parents to the schools are apparently JMM: What challenges are you personnel were very few and there affected by the current economic facing as a union? were a chunk of workers who were situation such that it has become SNM: The division created by the working in the same industry who difficult for people to part with ministry when they registered were not represented. At money. About 95 percent of schools another NEC for people who we independence the educational and are operating at around 100 percent already represented and the union social industry was classified under or beyond in some cases. It is above that they used was not registered. It the domestic workers union so there 100 percent because most schools went to the courts and we succeeded was just one minimum wage. There are operating in hot sitting, instead but the ministry went on to re- was an arrangement to have a union of taking the normal number of register both the NEC and the union that covers a broad industry and was children and are making payment that we are saying is inconsistent called the Zimbabwe Welfare plans, which is one big challenge. with the Labour Act. Educational and Mission Workers The government directive to schools JMM: Why did they do that? Union, the representation was now that children must not be sent away SNM: It was very uncertain why for welfare organisations which because of non payment of fees is they did so because the industry is were registered in terms of the another challenge so some parents one, when the sector started there Sylvester Nhamoigere Mutindindi welfare organisations Act was a separation of which are charitable government employees organisations. Educational and local authority SNM: We had resistance from needs to be dealt with politically. was for all public schools employees who were part private school authorities. By their This whole process exposes people excluding mission schools, the of the education industry. nature, they are not profit oriented; to exploitation. mission sector was a different Because of the fact that they even provide free education to JMM: What other burning issues one which incorporated there are two laws, Public rural children. The private school do you want to share with mission schools and hospitals Service Act and the sector charge high fees so they are readers? and then it was registered with Labour Act, our union on an advantage already. We linked SNM: Remittance of union dues on the ministry of labour in 1985. could not mobilise educational benefit with the fees time is hampering on operations of At the helm was the late Oliver employees in the public that schools are charging. At the the unions across the board and this Samakomva who managed to sector but after economic moment we do not have a CBA for leads us to institute proceedings to mobilise a lot of workers reform programs non government schools. recover them which is not healthy in throughout the country. In his teaching stuff in the JMM: Any other achievements? terms of our relations with organising programs he government schools were SNM: We have medical allowances, employers. A good number of realised that apart from the welfare, who may be even be able to pay are included. We went to court and won long service recognition which employers fail to comply with the educational sector there were now taking advantage of that the case but the issues are still before comes from $1 of our members' registered CBAs and they do not some other sectors which included directive. Otherwise schools are the court. salaries multiplied by the number of explain their circumstances which cultural and scientific institutions more or less stable in operations. For JMM: What do you think the years they would have worked. It is leads us to institute proceedings to which caused a change to the current 2014, there has been a bit of a crisis outcome will be, are you going to a major achievement as compared to recover for our members. This name in 1986 which now covers a in that unexpectedly, when the win or the ministry will do what it other industries. We offer housing process has however not gone down broad category of employees within majority of schools had done their pleases? and transport allowances which are well with a number of institutions those institutions. budgets, they were issued with a SNM: In terms of the court process, also part of the CBA. Facilitation of and some have approached even the JMM: So what happened after the moratorium by the ministry of we have confidence in the judiciary. housing for our members, a trust has ministry of Primary and secondary registration? education not to increase fees and When we filed the applications, the now been registered with the High education which now views the SNM: The first major achievement levies and this has had a negative ministry did not even respond which Court, we have started distributing union in a negative way. They are was to be accommodated by the impact on their operations because confirms that they agree with our forms for our members and failing to appreciate that like any ministry of labour and what is some schools had borrowed from position and that what they did was theresponse has been other organisation, we have termed employment boards, these banks in 2013 to put up school wrong. We are holding discussions overwhelming. Within a week we objectives and we do this for the were institutions established under infrastructure hoping that they with the authorities and hope to have had received more than 1.500 interests of our members and when the employment act but is now would pay back after increasing an out of court settlement with the responses and this proves that our we take legal action, it is normally as repealed. The union became fees. This has dealt a very major ministry. The dispute is affecting members are desperate for housing a last resort after observing defiance instrumental under the board in blow to a majority of schools. It has close to 3000of our members who and the union is being called to from concerned institutions and the facilitating the first ever also affected non teaching stuff who we are failing to negotiate with and answer to that. whole process is legally enshrined in employment regulations for the are the majority of our members, even represent when there are labour JMM: Now that you have held the Zimbabwean law. It is industry, which were the welfare and they are employed either by school disputes. Among registered unions your congress, what are the plans unfortunate that the authorities seem educational employment authorities or by school to represent the education sector, we for the future of the union? to forget that it is the Zimbabwe regulations published in the SI 204 development committees. Non command a majority of members. SNM: Leadership has not yet met; legislature that puts the laws, not us. of 1985 which is now repealed. That government schools were relieved JMM: Any achievements you we intend to have a strategic retreat If we allow defiance of law then we saw the migration of this sector from though the payment of incentives. It would want to share with readers? to formulate strategic planning will have a lawless country and this the domestic sector to stand alone as was expected that before the SNM: We now have collective policy directions. It is after that defeats the labour Act altogether. welfare and educational scientific government decided that incentives bargaining agreements which workshop that we will be able to Another burning issue is that our sector. be removed, they would have benefit members apart from wages, come up with a strategic plan. members are facing victimisation JMM: How many Members do increased salaried but it did not do so one of which is educational JMM: What is your take on once they demonstrate their desire to you represent? and has left a dent. allowances. Employees in mission labour market flexibility? be union members. They are being SNM: The figure fluctuates between JMM: What is the minimum wage schools are paid 75% of the fees paid SNM: We abide by the ZCTU subjected to disciplinary hearings plus and minus 9000 as people leave in your industry? at government schools for two of position not by what employers are and some contracts are even and others join. SNM: They are still following the their children from grade zero to propagating because we believe that changed from permanent to fixed JMM: How is the economy affecting 2013 prescribed minimum wage form six and the employees only pay they are taking away protection contracts. We are however dealing you as a union? because this year there is a stall in 25%. This is a relief to our members. from the workers. The current with such employers whenever we SNM: As an industry we are not negotiations. The least sector in JMM: Why specific benefits to economic situation is not as a result hear about such issues. isolated from the economic crisis. terms of education is the special mission school workers? of failed labour but it is political and Although looking at the current schools, followed by mission 2014 AUGUST, The Worker Page 9 Majongwe's invasion repelled Union of Zimbabwe (PTUZ), represented by that were long expelled from the ZCTU such By Dickson Chaeruka its President Takavafira Zhou and Raymond as the Communications Union, Graphical Majongwe alongside individuals picked Union, Civil Service Employees Association he Progressive Teachers Union of from some other renegade unions that were and a host of others who have been calling Zimbabwe (PTUZ) general long expelled from the ZCTU. themselves Concerned Affiliates of ZCTU Tsecretary, Raymond Majongwe's ZCTU leadership queried the logic behind and we resolved that it was not compatible for clandestine bid to attend trade unions the presence of the rebellious individual us to be in the same workshop with them,'' said federations' leadership sensitization unions at a workshop only targeting trade the ZCTU President, George Nkiwane. workshop facilitated by the National Aids union federations in the country. However, after realising the misnomer, Council (NAC) in Mutare recently hit a It was however established that PTUZ NAC officials withdrew the PTUZ leadership brick wall after his locus standi was general secretary, Raymond Majongwe, had together with individual representatives of the questioned. abused his position as a board member of the renegade unions and organised them in a The workshop was coordinated by NAC for National Aids Council (NAC) and personally separate conference room for the sensitization the country's trade unions umbrella bodies invited his union and his friends to the meeting. and was attended by the Zimbabwe workshop. The ZCTU leadership, APEX and ZFTU Congress of Trade Unions (ZCTU), Apex Apparently, this prompted the ZCTU to participants then proceeded with the NAC Council of Zimbabwe as well as the turn down attending the workshop citing that workshop in the different conference room. Zimbabwe Federations of Trade Unions. PTUZ and other reneged unions had no NAC director of communication, NAC facilitated the two day awareness credentials to be present. Madeline Dube, said they successfully exercise aimed at strengthening linkages and ''It must be clearly understood that the achieved objectives of the workshop adding cooperation between the organisation and workshop was meant for federations of trade that her organisation was better capacitated on GEORGE NKIWANE unions in the national response to the HIV and unions along with their affiliate unions. PTUZ how to organise the outreach to labour in ZCTU PRESIDENT AIDS pandemic. was not legible as it was not a federation of future. It was reported that union leaders from attempt to form a splinter ZCTU led by ousted trade unions. We felt that in an attempt to The PTUZ alongside other splinter leader, Lovemore Matombo was fruitless ZCTU, upon entering the workshop meant for provoke us, Majongwe abused his position as affiliates were kicked out of the ZCTU after trade union federations, were astounded by after the courts interdicted them from using a NAC board member to bring his union to the they contested results of the union's elective the name ZCTU . the presence of the Progressive Teachers workshop. He further invited renegade unions congress in 2011. However, the unions' Workers' rights violations rife in SADC - SATUCC by Christopher Mahove owners of capital but did not translate into creation of decent jobs orkers' rights and reduction of poverty levels in continue to be the region. Wtrampled upon in most “The Economic Report on SADC countries despite the Africa for 2012 produced by the implementation of respective Economic Commission for Decent Work Country Southern Africa confirms that Programmes that entrench the Southern Africa region has the four pillars of the decent work lowest growth-poverty elasticity in agenda by the SADC member the world. It must be noted that the states. little progress in social and human This was revealed by the Vice development that the region is President of the Southern Africa reported to have made is very Trade Union Coordination Council insignificant to achieve (SATUCC) Godfrey Selematsela at internationally agreed development the official opening of the 10th goals such as the Millennium SADC Civil Society Forum which Development Goals (MDG's),” he ended in Harare on July 30. said. He said it was disheartening to He said the region was still note that after 10 years of the grappling with exceedingly adoption and implementation of the appalling levels of poverty and Regional Indicative Strategic inequality, raising questions as to Development Plan, there was still whether RISDP was an effective National Union of the Metal and Allied Industries of Zimbabwe President Anthony Nyashanu and nothing to celebrate for workers tool to address poverty and ZCTU Central region Chairperson Martin Tazvivinga follow proceedings at the forum with regards to the reduction of inequality in the region. poverty levels and the creation of The SATUCC Vice President remained deregistered against the movements in the SADC region and participating in these forums. Host decent jobs. said the youth and women had been wishes of the country's workers and the consolidation of solidarity in an country governments are invited but th “As we gather for the 10 the most affected by ILO Conventions 87 and 98. effort to provide a true picture of the they do not come to address the anniversary of the civil society unemployment, adding that the Selematsela noted that the situation of the living standards of meeting. Can we continue to engage forum this year and having also informal economy, while growing, Zimbabwe government continued to our people in the region and then with a party that doesn't want to witnessed the implementation of offered little in terms of job security, interfere in trade union work despite provide recommendations towards engage with us,” queried one RISDP for 10 years now, it is indeed decent work and social protection. claims that it was implementing the improving the situation on the delegate. disheartening that despite those He said despite the 100 recommendations of the 2009 ILO ground,” he said. However, the house finally aspects sugar coated as ratification of ILO Conventions by Commission of Inquiry. Delegates to the conference agreed that disengaging from achievements in the Mid Term member states and the He called on civil society lamented the attitude of the SADC SADC was tantamount to taking Review of the RISDP, the SADC implementation of decent work organisations in the region to Secretariat and host governments away NGO's right to be heard. region continues to experience country programmes, public sector generate concrete positions on who did not want to participate in “We need SADC more than gross violations of workers' rights employees in some countries various aspects of regional the forums even if they were invited. they need us in the sense that they and above all grave decent work continued to be prohibited from integration and development that Some had suggested that the can do without us. What we need to deficits,” he said. joining trade unions and had no would feed into the revised draft civil society should disengage from do is review the processes of Selematsela said reported bargaining rights. RISDP. SADC until such a team the regional engagement and come up with new positive growth rates and stability in He cited Lesotho, “This then requires the bloc took them seriously. strategies to deal with the SADC inflation within the past decade only Mozambique and Zimbabwe as deepening of the existing strategic “There is frustration because Secretariat,”. benefited the elite rulers and the examples, adding that the Trade alliances within the social the SADC Secretariat is not Union Congress of Swaziland Page 10 The Worker, AUGUST 2014 SA economy would reel from a domestic workers strike THE first half of this year has been marked by the brouhaha over how mine and factory owners in SA exploit the country's unskilled and migrant labour. The South African middle class, in the form of activists, journalists, politicians, public servants and many others, have been very vocal in condemning the vices of members of the bourgeoisie, who exploit the proletariat. I find this rich, because a large part of the middle class in this country apes what the mine and factory owners do. Little thought has been given to the role the middle class plays when it comes to the exploitation of unskilled and migrant labour. Some among us have been very vocal in critiquing how little R12,500 a month is for a worker, yet, as the middle class, we do not pay our own workers well. While the factory and mine owners exploit workers on the shop floor and in the shafts, SA's middle class exploits the domestic labour employed in their suburban households, paying their child-minders and general helpers wages that perpetuate inequality. Some of us who fill the ranks of the middle class exploit by paying measly wages that are not even in line with the minimum pay set by the Department of Labour, yet every Friday we add to the traffic in the malls and restaurants, pompously sipping whiskies named after certain colours. The child-minder compromises time with her family and children to look after the children of middle-class professionals. While the children are PATRICK CRAVEN looked after at home, members of the middle class get a pay packet that enables them to build wealth. I have seen how many eat and party at one of the most expensive clubs in Gauteng, drive fancy German cars, while the child-minder sits at home watching the children. At the end of the month, the child-minder is paid a measly and unacceptable pay packet. We have seen how some middle-class union bosses have been embarrassed in public for paying their domestic workers measly salaries, yet during the day they shout their lungs out on how workers are poorly paid. Some people even whinge when their domestic helpers want to knock off on a weekend, yet we complain when our own bosses expect us to work on the odd Saturday or Sunday. The bulk of the middle class complains when the companies they work for do not pay bonuses, yet no bonuses are offered to the child-minder when the midyear bonus and that 13th cheque arrive. The middle-class professional often whinges to the boss that the pay packet is not enough to take the child to a good school, yet no thought is given to the child of the child-minder. This is the hypocrisy of the middle class in SA. The middle class demands medical aid, retirement benefits and many other perks from employers yet no discussion of retirement is held with the child- The ZCTU, in fulfilment of its Seventh Congress Resolution of 2011, has minder at home. When the child-minder ages, she is let go to retire in poverty, because her designed and launched a Trade Union Studies Programme in conjunction middle-class professional employer has not extended the benefits or advised with LEDRIZ and collaborating with FNV Mondiaal of Netherlands to on the need for the helper to put some money aside for retirement. inspire and promote the interests of its members to acquire Labour Studies The middle-class professional sometimes qualifies for housing, travel and phone allowances from their employer, yet no discussion of the sort is held Profession. The Certificate in Labour Studies (CILS) is a course preceding with the child-minder. This is the hypocrisy of the middle class in SA. the Diploma in Labour Studies (DILS) towards trade union studies The services of the domestic helper should not be taken lightly. It is critical professional qualification. to the productivity of SA's economy. A three-month strike by South African These studies motivate trade union members and workers to advance child-minders could slow down the productivity of the economy. Imagine if thousands of professionals did not make it to work because their child- learning in a free, conducive and supportive environment designed for trade minders were on strike. The reality is that company profits would drop. union courses to suit workers' needs as well as flexi-time to study while at The debate on pay should be extended to everyone who has an employee, work. both in informal and formal employment. If SA is serious about dealing with inequality, the middle class should also play its role and not ape what the factory owner does. The Certificate in Labour Studies will impart a range of knowledge and The call to review the wages paid to workers should not only be heeded by skills to trade union activists, leaders and officers in Global and National the mine and factory owners. The middle class also needs to reflect on how Political Economy, The Labour Market, Occupational Safety, Health and it perpetuates inequality. http://www.bdlive.co.za/ Ndzamela is finance editor Environment, Gender Issues in the World of Work, Labour Legislation and Trade Union Communication and Media Studies. At the successful completion of the course, participants will be able to articulate core workers' Tuba Group workers issues and undertake further studies such as Diploma in Labour Studies. COURSE ADMISSION begin fast-unto-death Members who are interested to enrol can get the course application form BANGLADESH - Workers of five apparel factories of Tuba Group began from their union offices. fast-unto-death at Badda in Dhaka from Monday 28 July evening The application form should be accompanied by a recommendation letter demanding arrears. from the trade union General Secretary, CV, certified copies of school and The workers, led by Garment Workers Unity Forum, also held the mother of the company's chairman confined in the factory building to press home their professional qualification. Only applicants who meet the entry requirements demand. as outlined in the Course Prospectus will be admitted. The protesting workers are demanding payment of their three months' arrears Application must be addressed to The Secretary General, Zimbabwe and Eid bonus. th 60 workers have since fallen ill during the fast-unto-death observed by the Congress of Trade Unions, 10 Floor, Chester House, Harare, submitted apparel workers. physically or email on: [email protected] or [email protected] The Nine of them have been admitted to nearby hospitals. 2014 class intake is limited to twenty students. Meanwhile, BGMEA offered to pay a part of the dues. But Garment Workers' Unity Forum president Moshrefa Mishu said, "We don't want part payment rather we want full. We will continue our hunger strike until getting full payment." COURSE DURATION Mishu said the workers would pass the Eid day at the factory and continue with The Certificate in Labour Studies is an internal trade union education their hunger strike if their demand is not met. Around three thousand workers of the group's five factories — Tuba Fashion, programme that will run for six months on a six weeks monthly block tuition Tuba Textile, Bukshan Garments, Tayeb Design and Mita Design — have not beginning September 2014 and ending March 2015. been paid their wages for the months of May June and July. 2014 AUGUST, The Worker Page 11 NRZ workers stage demos over salaries BY STAFF REPORTER being insincere to the workers who have shown commitment and ational Railways of loyalty in difficult times. Zimbabwe (NRZ) “The management is not Nemployees staged grateful. Some workers left the countrywide demonstrations country but we remained and we are earlier this month demanding that still working hard but they are not management pays their 15 thanking us for that. They must stop months' salary arrears that have approaching the court all the time risen to $55 million. when we have disputes. This is the The demonstrations were held time for them to give us what despite a police ban in Harare and belongs to us. It is workers and their Bulawayo which was overturned by safety first not the court first as they a court order while other small always do,” she said. towns had been given a green light to The workers are also demanding stage the demonstrations. that the company retires managers NRZ employees have gone for that have reached retirement age years without a salary increment NRZ public relations manager with the lowest paid getting $173 Fanuel Masikati said the company with highest grade earning $650. was working hard to pay employees Police in Harare confiscated their salaries. placards and banners which were “We admit that we owe used by the workers who were employees millions of dollars and demonstrating peacefully at the the company is doing everything station entrance where they were possible to address the issue,” he addressed by union leaders as well Placard waving fed up NRZ employees sing and dance protesting over delays and payment said. “As for retaining retired of half salaries in Bulawayo. They are owed a total of $55 million in unpaid dues. as the Zimbabwe Congress of Trade managers, there are areas that we Unions Secretary General Japhet look at where we will need Moyo and North-eastern regional experience and skills that are argued that the police ban had no thereby endangering the public and demonstration. As such, the conduct leaders. necessary for the survival of the legal basis as it infringed on their property in the central business of the respondents falls foul of the In Bulawayo the employees organisation.” right to demonstrate as set out in district,” law,” they said. demonstrated while carrying One of the employees who took Sections 58 and 59 of the However, in their founding The workers have vowed to banners which were written “a part in the demonstration said Constitution. affidavits, Tracy Watyoka, continue with the demonstrations malfunctioning NRZ — a missing employees were no longer getting Part of the letters from the police Headmaster Mahachi and Honest until management pays their dues. link to ZimAsset”, “Do you trust loans from banks and were also not read: “My office regrets to advise Mudzete, the workers' “This is just the beginning we are unpaid and starving workers to buying goods on hire purchase. you that your intended peaceful representatives said the Railways going to continue until we are paid move the nation”, and “Retired The workers are owed varying procession to take place on the 2nd Association of Enginemen, Railway up,” said a worker in Gweru. directors should go home”. amounts depending on their grades. of August 2014 from Main Railway Association of Yard Operating Staff NRZ workers downed tools in They were addressed by Railway They are also being paid half salaries Station to Africa Unit (sic) Square and the Railways Artisans Union 2011 and management took the Artisan Union Secretary General while shift workers are also not from 10:00hrs to 1200hrs has not were genuine trade unions who, in matter to the minister of labour who Sithokozile Siwela who demanded being paid for overtime worked. been sanctioned.” terms of the law, where not required issued a show cause order forcing that management address their After the police refused to grant Police in Bulawayo also wrote; to notify the police of their public the workers to return to work their predicament as employees were them the right to demonstrate the “Information at hand shows that activities. issues were being addressed. poverty stricken. workers filed an urgent chamber there is strong apprehension towards “1st and 2nd respondents sought Management then appealed against “We want our money. We cannot application at the High Court groups opposed to the government. to bar the demonstrations through the workers’ demands to the courts continue getting half salaries. The seeking an order reversing a police Hooligans may join the procession their correspondence received on 28 and the matter has not been finalised management is busy sending their decision to stop their planned salary with intent of disrupting the whole and 29 July 2014 respectively. The to date. The workers now cannot children to expensive schools while demonstrations.. process. applicants are genuine trade unions resort to strike action and have we are not getting our salaries and let They were represented by “Marching along the streets may and are not required in terms of the resorted to peaceful demonstrations alone our children are not going to Kennedy Masiya of the Zimbabwe also lead to provocation with other law to notify the police of their to force management to pay up. school,” said Siwela. Lawyers for Human Rights, who labour bodies leading to clashes public activities, including a public She blasted management for SADC Labour Protocol launched BY CHRISTOPHER MAHOVE trying to introduce retrogressive body would soon approach employee have been eroded poverty and unemployment in and changes to the country's labour laws. SATUCC for their expertise in a bid massively. an increase in poverty and he Southern Africa Trade He said some of the proposed to fight against the erosion of “In addition, neo-liberal unemployment in the region. Union Coordinating changes to the labour legislation workers' rights. globalisation has contributed This he said, posed a threat to Council (SATUCC) would effectively take the country Speaking at the same occasion, significantly to decline in economic the region's prospects to meet T backwards to the structural regional integration and launched the campaign on SADC SATUCC Vice President, Godfrey activity and shrinking formal Protocol on Employment and adjustment era where the Selematsela, said neo-liberal employment in the SADC region. development goals and objectives Labour in Harare with the government embraced capitalist globalisation was driving Selematsela said the majority of as stipulated in the SADC's objectives of providing member policies that empowered employers fundamental changes in the labour the region's citizens were now Regional Indicative Strategic states with strategic direction and to hire and fire as they pleased. market within the region, causing seeking economic refuge in the Development Plan (RISDP). guidelines for the harmonisation “The government claims that high level unemployment, poverty informal sector for both livelihoods The Labour Protocol, of employment and labour. the labour laws in this country are and an increase in vulnerable and survival. Selematsela said, was therefore, The Protocol will also enhance skewed in favour of employees and workers, most of whom were youths “All these pose as threats to the developed as a direct response to the cohesion and encourage this has contributed to company and women. prospects for the region to achieve rising levels of precarious work and cooperation among members' states closures. They also want to link “Suffice to say that as a result of the goals and objectives towards unemployment in the region. and promote common approaches wages to productivity,” he said. this neo-liberal globalisation, full regional integration and He said the objectives of the to labour market challenges for the Nkiwane said the ZCTU was time, continuous employment where development as stipulated in the employment protocol were to attainment of sustainable against the commodification of the employee works on the SADC's Regional Indicative enhance cohesion and promote development among other things. labour and making it the sole factor employer's supervision, having an Strategic Development Plan,” he common approaches to labour Speaking at the launch of the of production. employment contract of indefinite said. market challenges among SADC Protocol, Zimbabwe Congress of “There are a lot of variables in duration, standardized working As a result, Selematsela said, the member states and promote decent Trade Unions (ZCTU) President, the production chain like cost and hours/weeks and sufficient social region had recorded a very high work. George Nkiwane, said the occasion availability of raw materials,” he benefits such as pensions, medical number of vulnerable workers, most came at a time when the said, adding that the trade union coverage, and protection of of them women and the youth, while Zimbabwean government was busy Page 12 The Worker, AUGUST 2014 Applaud Tokwe-Mukorsi victims for fighting dictatorship

her to fill in Sally's shoes. Most people still regard Sally as the epitome of the a graceful first lady. Coincidentally, Sally Mugabe was also the leader of the Zanu PF Women's League, an important cog in Zanu PF body politics. But thinking of her as President of this country is taking things too far. Zimbabwe is not a fiefdom. As William Shakespeare would say, “He is a dreamer, let him pass….” TALKING of Zanu PF, it is dog eat dog in the party as their congress get closer. So intense is the jostling for posts that we are heading for an implosion. The most sought after post is that of the party chairperson with the likely elevation of Simon Khaya O Grace Mugabe has Moyo to the presidium. Former PF decided to enter politics to Zapu members believe that the post is Scement the Mugabe dynasty! their preserve, while others are By venturing into the Zanu PF saying it is only the post of second Women's League, there is no doubt vice-president of the party that is a she sees herself scaling greater preserve of former PF Zapu heights, with some pundits already members. claiming that she is eying the top With Oppah Muchinguri most post in the land. God forbid! stepping aside for Grace Mugabe as The state unleashed the army to burn these tents in a bid to relocate the vollagers against their will This woman must be the happiest secretary of the Women's League, she person on earth. For her, it was being might also be gunning for the party opposition. That was the highest They think they have the right to denouncing Zanu PF loudly. The there at the place at the right time! chairperson. We hear Didymus level of insensitivity by Zanu PF. rule this country for ever and that we Zanu PF government must be made It is understandable that she “Garmatox” Mutasa is also The party decided to throw a owe them for fighting the minority to account for its crimes against would go that way considering that if interested. Simon Khaya Moyo lavish party when thousands of regime. During the war they claimed humanity. her husband leaves himself is not people are wallowing in poverty. that they are fighting for a free and Chigumura would like to salute this world, she will even assured What is more, the party was held at fair election and one man one vote. the people of Tokwe-Mukorsi. be in deep trouble of the vice- State House using State resources. Now they are at the forefront of Against all odds, they have stood justifying all what CHIGUMURA president’s They should have done that at Zanu denying Zimbabweans that right. their ground against a dictatorship. she has. She is p o s t w i t h PF offices and no one would have They are doing exactly what Ian This is a sign that Zimbabweans are looking for future “Garmatox” bothered. Smith did to the blacks. It is so sad… not as docile as some people would protection. In a l s o Zanu PF must be told in no At Chingwizi holding camp, the like to believe. particular, she will reportedly uncertain terms that they are ruling true face of Zanu PF is coming out. Finally, let me end by quoting need to convince e y i n g t h e this country by default, thanks to the Just like they did in 2008, the party what Joshua Mqabuko Nkomo said in the future rulers same post weak opposition. They ought to be deployed soldiers to beat up 1985. why she evicted so again. ashamed of themselves. One day the thousands of people who were “Today Zimbabwe is defenceless many people in T h e y history of this country is going to be refusing to leave the camp without because the people live in fear, not of Mazoe to make don't call the re-written and our children will be compensation. This is a party that enemies, but of their own way for her so-called philanthropic party Zanu ndeye ropa for nothing. told the truth that our so-called calls itself a people's party. The government”. projects, now dubbed gracelands…. Read my lips… liberators became our tormentors. Tokwe-Mukorsi tragedy is simply a Twenty nine years later, Nkomo's For long the first lady has been Chigumura was shocked when Everyone is regretting why Zanu PF result of inept planning by the words ring as true as ever. I am out of fighting hard to clear the comparison Zanu PF decided to celebrate the so- liberated this country because we are government yet innocent people are here… between her and the late first lady, called electoral victory against the paying for it. made to suffer. This is where we need Sally Mugabe. It has been hard for a stronger MDC-T to be felt by Victory for workers as TNF thwarts bid to introduce Labour Market Flexibilty from page 1 Zimbabwe Congress of Trade the legislation of the TNF is a analyse the agreement, you will drafting of the TNF Bill, which will Unions Mr G Nkwane, representing conditional part of the success of the a view to expedite the determination realize that there is no major change be debated in parliament, after Labour, adopted the Principles for national turn around agenda. of workplace disputes. because taking issues to NEC's has which, if it sails through both houses, Labour Law Reform and the The agreement is set to pave way Nicholas Goche, the Minister of always been happening. it will be assented to by President legislation of the TNF. for the enactment of the TNF Act, Public Service, Labour and Social “However, we managed to Robert Mugabe. “In the main, the envisaged that would see a more accountable, Welfare, said the legislative reforms uphold the principles of dialogue The proposed TNF Act will reforms seek to align the provisions transparent, effective and responsive were meant to align the country's when business was moving define the parties to social dialogue of labour laws with the constitution social dialogue platform capable of labour laws with the new vigorously for Labour Market and provide the membership of each and the economic blue-print, the contributing to the sustainable Constitution and International Flexibility. The end result is fair even tripartite constituent. Zimbabwe Agenda for Socio- development of the country. Labour Organisation (ILO) to them (business), in as much as we However, this membership does Economic Transformation (Zim Presently, the full potential of the Conventions which Zimbabwe has might say we got what we wanted,” not imply that other key members Asset).In the same process, the TNF has been undermined by the ratified. he said. outside the tripartite arrangement reforms seek to close the gap fact that its decisions were not “On August4, 2014, the Nkiwane said the problem was cannot participate in the TNF’s between the status quo and legally binding, making it difficult to Principals of the Tripartite that business was of the belief that business. Zimbabwe's international have political commitment. Negotiating Forum, that is Minister LMF was the panacea to the Stakeholders will be coopted into obligations pertaining to ratified However, ZCTU President, of Public Service, Labour and Social country's economic problems when the specific deliberations as and ILO Conventions,” he said. George Nkiwane, was cautious, Welfare, Hon Nicholas Goche (MP) it was not. when the TNF will be discussing Goche said the social partners saying the partners had settled on a on behalf of government, and the “We need to focus on bigger issues within their competencies. had also endorsed the establishment win-win situation, with no partner President of the Employers' issues” he said. However, the core membership of of a legal framework for social claiming outright victory. Confederation of Zimbabwe Mr J Meanwhile, Goche is expected the TNF will remain tripartite. dialogue. “We tried to balance issues but Murehwa and the President of the recommend the principles to cabinet (Also see Editorial Comment for “The social partners agreed that otherwise if you try to critically to enable the finalisation of the more information) 2014 AUGUST, The Worker Page 13 Of Special Economic Zones and Foreign Direct Investment (FDI) in Zim (Part 1)

he government has of industry elsewhere in the economy the privileges and to contribute to the International evidence indicates announced plans to often developed under a public- are addressed, e.g. if unskilled growth of the economy. that SEZs are most successful when introduce Special T private partnership arrangement, in workers are the problem, enable Although typical SEZs are they are targeted toward particular Economic Zones as a strategy of training programmes, if demarcated spatial enclaves, the industries and offer concrete attracting foreign direct administrative and licensing extent to which they can function solutions to the challenges faced by investment, alleviate large-scale inefficiencies are the problem, set up effectively and benefit the host those industries. unemployment, and develop and one-stop shop administration economy as a whole depends on On the negative side there has diversify the economy. Special functions, if onerous labour laws are wider economic conditions. The also been rampant exploitation of Economic Zones however are not the problem, liberalise them, and if more business friendly and workers and loss of government an entirely new concept as rules and regulations hamper competitive the surrounding revenue as a result of the creation of government once established business, eliminate them. There environment, the more potential an SEZs. Export Promotion Zones (EPZs) in should be no restrictions for SEZ has the 1990s with more or less the businesses entering a SEZ so that to stimulate economic activity To be continued same objectives. competition is intensified and both within and outside of the zone. The purpose of this article to inform everyone is free to take advantage of the readership on Special Economic which the public sector provides Zones and what role FDI can play in some level of support (provision of Zimbabwe's development trajectory off-site infrastructure, equity as well as to flag out lessons from investment, soft loans, bond issues, other countries. etc.) to enable a private sector A special economic zone (SEZ) is developer to obtain a reasonable rate a geographical region that has of return on the project (typically 10- economic and other laws that are 20% depending on risk levels). more free-market-oriented than a Many SEZs have been country's typical or national laws. spectacularly successful and have "Nationwide" laws may be transformed the economies of their suspended inside a special economic host countries. But many others have zone. The category 'SEZ' covers a failed to set themselves apart from broad range of more specific zone the rest of the economy, to create types, including Free Trade Zones sufficiently attractive business (FTZ), Export Processing Zones environments, or to compete (EPZ), Free Zones (FZ), Industrial internationally. These diverse Estates (IE), Free Ports, Urban experiences should not obscure the Enterprise Zones and others. Usually fact that SEZs are a key platform for the goal of a structure is to increase export-oriented industries, foreign direct investment by foreign contributing significantly to investors, typically an international global trade, attracting vast flows of business or a multinational FDI, and employing millions of corporation (MNC). people. In the People's Republic of China, International experience shows Special Economic Zones were that the 'demonstration effect' of established by the central successful SEZs facilitates wider government under Deng Xiaoping in economic reform. This has certainly the early 1980s as part of its 'open the been the case in China, where Deng door, change the system' policy. The Xiaoping's initiatives in the most successful Special Economic 1980s and 1990s to attract FDI Zone in China, Shenzhen, has and expand exports through SEZs led developed from a small village into a to accelerated nationwide economic city with a population over 10 million reform. The same is true of within 20 years. India has also played Mauritius, Costa Rica, the a significant role in the founding and Philippines and elsewhere. This establishment of Special Economic potential for positive policy spill- Zones. It has the largest outsourcing overs into the rest of the economy is industry in Asia. the greatest promise held by SEZs. Following the Chinese examples, For SEZs to be economically Special Economic Zones have been successful countries need to be established in several countries, competitive and able to differentiate including Brazil, India, Iran, Jordan, their SEZs from those in other Kazakhstan, Pakistan, the countries. SEZs have been used to Philippines, Poland, South Korea, attract foreign investment, promote Russia, Ukraine, United Arab export manufacture, increase foreign Emirates, Cambodia, North Korea. A exchange earnings and create School going children were a hit on the stand. Teachers and school single SEZ can contain multiple employment. Enterprises in the zones development association employees also sought information on their rights 'specific' zones within its boundaries. are subject to varying degrees of The most prominent examples of this preferential economic regulations layered approach are Subic Bay and incentives designed to lower Freeport Zone in the Philippines, the their operating costs. Zones are Aqaba Special Economic Zone designed to insulate businesses Authority in Jordan, Sricity Multi- within them from costs faced by product SEZ and Mundra SEZ in firms operating in the local economy. India and According to World Bank The zones themselves need to be seen there are more than 3,000 projects as business enterprises that attract taking place in SEZs in 135 countries investors by offering them worldwide creating more than 68 competitive advantages. Each zone million direct jobs and $500 billion of competes with all of the others based trade-related value-add. in the home country as well as in SEZs have been implemented other countries. using a variety of institutional Government does have a very structures across the world ranging important role to play and that is to from fully public (government provide appropriate, clear and operator, government developer, transparent policy, regulatory and government regulator) to 'fully' incentive frameworks that encourage private (private operator, private business rather than deter it. It must developer, public regulator). In many also provide the necessary cases, public sector operators and infrastructure for businesses to developers act as quasi-government operate competitively, and uphold agencies in that they have a pseudo- the rule of law. The key for corporate institutional structure and government policy is to ensure that have budgetary autonomy. SEZs are whatever constraints limit the growth Individuals thronged the stand for information Page 14 The Worker, AUGUST 2014 Dirty hands doctrine and the Poor salaries plague legal sector workers BY ALOIS VINGA right to access the courts oor salaries and working conditions have stricken Zimbabwe's legal sector as many law firm employees are pocketing peanuts ranging he dirty hands doctrine determination or having it the resolution of any dispute” Pbetween an average of one hundred dollars to three hundred it has provides that a litigant suspended. The same constitution also emerged. Despite the pride and knowledge of many lawyers in Zimbabwe especially who is in open defiance One has to comply with the provides in section 86 that the T when it comes to matters of human rights, most of them are not respecting their of an order of the court cannot determination being appealed right to approach a court simply because an appeal to cannot be limited by any law. It employees' labor investment .In an exclusive interview ,Alec Bamu, a legal be granted audience unless practitioner explained. the Labour court does not provides: and until the contempt has “Most law firm employees' are not offered any funeral schemes ,pension, been purged. have the effect of suspending “(3) No law may limit the housing and transport allowance. What further worsens the situation is that the A litigant should utilise the the determination being following rights enshrined in conditions of employment in most law firms are not secure as employees can be provisions of section 92E to appealed against. It was said this chapter, and no person fired at any time.'' make an application for stay of in Kingdom Bank Workers may violate them- Another Legal Secretary, Peter Nyemba who spoke to the writer lamented, 'We execution if it feels that it was Committee v Kingdom Bank (a) are hardest hit by general oppression in issues of payments, and the deplorable fact aggrieved by the Financial Holdings that: (b) is that we have nowhere to report our grievances at the same time there is no salary grade for most of us who are non lawyers. Most messengers have employed by the determination and as such “In the premises, I am amply (c) firms have to walk up and down the streets delivering mail but at the end of the could not comply with it. satisfied that an appeal (e) The right to a fair against an award under hearing” month most of the messengers earn around one hundred and fifty dollars. Entirely The dirty hands doctrine in most Law firms there is no form of long term benefit in some instances a legal has been upheld by the Labour section 98(10) is an appeal in The other pertinent provision which is worth secretary who is more senior and close to the rank of a lawyer does all the donkey Court as a preliminary point in work which includes preparation of defense papers but averagely earns an amount a number of cases. In one noting is section 85 of the said not more than five hundred dollars despite the thousands wrecked in weekly.'' case, that of Shomet constitution which provides: Investigations conducted by the writer revealed that there is no central salary Construction (Pvt) Ltd v “The fact that a person has framework in the sector and much of the discretion in terms of salary adjustments Claudius Chivaviro contravened a law does not is at the mercy of the firm owners'.''The worrying fact is that we are advised to LC/H/415/13, the Labour Court debar them from approaching report any grievance to the Law Society of Zimbabwe (LSZ) whose officials do refused to entertain an appeal a court for relief under not aggressively deal with the matters. There is also a great rift within the L.S.Z. due to very sensitive conflict of interest since those within the body who are filed by Shomet Industries on subsection (1)” The critical question that supposed to represent us happen to be partners or owners of other law firms, then the basis of the fact that it had where can we enjoy the due credibility and impartiality. explained one Harare Law not complied with an arbitral terms of the Act within the arises is whether the right to a meaning of section 92E and, fair hearing, which right Firm receptionist who identified herself as Chipo Meki. award which ordered the The situation is not only affecting law firm support staff even lawyers in some reinstatement of Claudius as such, it does not have the cannot be limited, also instances are also feeling the heat ,as explained by lawyer Blessing Pwanyiwa ,''It Chivaviro. effect of suspending the includes the right of access to is now a matter of gaining experience because the remuneration we are receiving is Where a determination is award in question” a court. It must be noted that not worth the effort invested, most senior lawyers in the industry are taking defective, for instance, when The question which usually though the right of access to a advantage of junior lawyers ,of course I understand there are a lot of economic only reinstatement is ordered arises is whether the dirty court and the right to a fair challenges in the country but most captains in the legal industry are simply hiding without the alternative hands doctrine is not contrary hearing fall under the same behind a finger. The cash inflows in most cases do not match the salary structures.'' payment of damages, one will to the right of access to a grant section, the two are different Commenting on the complications of salary discrepancies the president of the Legal Practitioner Employees And Allied Workers Association And Social not fail to get audience since a granted to a litigant by the and it appears that the right of constitution of Zimbabwe. The access to a court can be Benefits Trust of Zimbabwe, Tawanda Zhanje noted. defective order cannot be “There is need to bring together all relevant stakeholders in the legal industry complied with. relevant provision of the limited by the dirty hands doctrine. It is specifically the in order to advocate and maintain a pension fund for all legal practitioners ,their The right to approach a Constitution dealing with the support staff through social benefits mobilization, initiating and implementing a court where one would not right of a person to approach a right of access which cannot social fund inn health educational, housing and economic spheres. There is also have complied with the court is section 69 which be limited. need to share learning experiences and expertise with other local or foreign determination being appealed provides that: Basil Makururu writes in his organizations and individuals who are involved in the promotion and protection of against is only available when “Right to a fair hearing personal capacity. His email the livelihood of legal employees,” he said. the court has been purged. (3) Every person has the address is Efforts to get a comment from the Law Society of Zimbabwe Spokesperson The contempt can be purged right of access to the courts or [email protected] were fruitless as he explained that he was on his way to the airport .There is however urgent need to redress the plight of legal employees from a centralized by complying with the to some other tribunal or forum established by law for point. Govt considers closing loss making parastatals

40 percent but now are milking the BY STAFF REPORTER come under the spotlight in recent economy as they are not contributing months after revelations of obscene he Government is anything,” he told the Institute of salaries which executives had been considering closing some Chartered Accountants of Zimbabwe awarding themselves while running Tof its loss making (ICAZ) conference last month. down the companies. Some parastatals as it grapples with the He said companies such as the executives raked in salaries and economic meltdowm which has Grain Marketing Board (GMB), allowances running into hundreds of seen it failing to capitalise the loss Agricultural and Rural Development thousands of dollars. making entities. Authority (Arda) and the Cold Most parastatals are riddled with Finance and Economic Storage Company among others debts, corruption and Development Minister Patrick were struggling adding there was mismanagement with some Chinamasa said government is need to establish whether the executives staying on for more than considering shutting down non- parastatals should be allowed to 20 years. performing state-owned companies continue operating. Early this year, government because they have become a drag on “There is no production at all in capped salaries of chief executive the country's economic recovery these entities and the economy can't officers of state enterprises and efforts. grow. The challenge is to restore parastatals at $6,000 per month Chinamasa, who is the chairman productivity and that also raises following revelations that executives FINANCE MINISTER - PATRICK CHINAMASA for the cabinet committee on questions whether we have the were awarding themselves obscene parastatals, state enterprises and calibre of managers who can drive packages at a time such entities were holding office for more than eight representatives from the office of the local authorities, questioned the them back to their feet. This is where underperforming. However, most years and bureaucrats from sitting on president and cabinet, treasury, the calibre of managers at the we need forensic audit and thorough executives' packages have not been boards of such companies. parent ministry, the auditor and institutions. investigation whether there is a need reduced. The new framework also compels comptroller general and other “We have started tackling for them to continue existing or not,” It adopted a new corporate state enterprises and parastatals to stakeholder ministries. problems at state enterprises and he added. governance framework and banned hold annual general meetings, which parastatals which used to contribute State-owned companies have heads of public enterprises from should be attended by 2014 AUGUST, The Worker Page 15 Tete Facebook, Google & Yahoo

s it true that Tete of this day Some even said young girls and careers. busy, too busy even for their own informal work, church services and may not know a lot about boys now know a lot so much that In conclusion, the advisory role what is going on or new trends family. How could they possibly other trade union commitments, I they can even be the ones to give of 'Tete' is no longer relevant as the manage another's person's family? how much time is left for women to and so Facebook would be the best advice to Tete on the real issues of MAIN source, however it is needed Distance has also become a dedicate to their children and then place to get advice? life including relationships or even for other key issues such as helping barrier in some cases where some their nieces and nephews? "Tete" is a Shona word meaning bedroom matters. when one wants to marry/get relatives are now in the diaspora, Whether it is Tete Facebook or "Aunt": Shona being one of the “Ladies how do you counsel married more for such values in a some living in faraway cities, some Tete Google, Tete is needed and is indigenous languages of Zimbabwe. mwanasikana about marriageable possible bid to preserve culture and having lost contact with the family still very relevant. It is a long standing Zimbabwean type of a guy? My niece is in to give the clan a heads up so as to tradition for Tete to be involved in all due to family feuds and deaths too. university so auyawo kuna tete kuti keep close relations. The famous Prophet Makandiwa family matters, especially matters of mkomana wangu uyu so so but hanzi Some parents have taken up the the heart. Tete is the one person once said when God created Adam haasi employed anozviitira bt main role due to a number of factors and Eve Tete was not there. Those everyone turns to for advice and hapana zvacho zvaanozviitira zvine that children get exposed to earlier in guidance and the first person a that follow him said the church and kumeso zviya zvehand to mouth their life than expected, so parents social media are bigger Tetes than young girl would introduce a new paharare and I told mainini kuti step in, as the closest guardians boyfriend to. the ones we have in our own madii mamusiya matsvagwo munhu whilst Tete is battling with her own families. Every development of the anokwanisa kuzoita take care of home. relationship would be closely So after having spending many you. Tatenda kune vachabatsira” Nowadays everyone is inevitably hours at work, more hours of monitored by Tete. A married couple This is a typical example of a Tete having problems would consult Tete who is using the social media to get for advice and counselling. advice for her niece and it goes to Zimbabweans are now scattered show that these Tetes do not in fact in all four corners of the world, our know it all as is said. family values, our rich culture, our Broken families have left history and our languages, are no children with no choice but to turn to longer as strongly connected as the social media and even church before. Deaconesses or Prophetesses for No longer is Tete just a guidance and advice. Even combi/taxi ride or quick drive away. neighbours tend to play the Tete role This makes it difficult to find better than the Tetes themselves someone to discuss problems with, because they are out of reach. well not just problems, but also The impact of social media on sharing experiences and amusing today's society has been incredible, stories. We can all do with a good ranging from peer counselling and old Zimbabwean belly laugh every support to sharing bright and not so now and then! bright ideas on diverse issues. But thanks to Google, Instagram, Inomira is affiliated to eight Skype, Twitter, Yahoo and Facebook advisory groups on Facebook alone among other social media platforms and in one group it was posted that where anyone can ask and get Facebook is Tete: 'Ladies how many answers on almost all things and of you are grateful for being on this even much more than a Tete can do. page? How many of you learnt Tete is no longer significant in something new that changed your this day because of the set-up of life. We as women have a role to play most families and most people that in our young sisters lives. Inomira interacted with confirmed Hakusisina ana tete we are all that they will only need Tete at here to help these young women m a r r i a g e g r o w F o r ceremonies or instance we weddings as a should teach formality. t h e m t h e Sad to say that dangers of broken families, or premarital sex, family feuds may we have people sometimes cause here who have divisions leading testimonies to some children about that. Let's never knowing not discriminate their Tete or even o u r y o u n g worse causing hatred that may be sisters.” taken up generation after generation. Having said this, the social media Not forgetting the consideration is inflicting irreversible damages in that a lot orphans who grew up in marriages and other relationships on orphanage homes where some of a daily basis but of course we cannot these issues are not discussed and blame the social media for this since they end up resorting to their friends some are benefitting from it. and the social media which has It sad that some women said that proved to be the best so far. these Tetes would want to pitch up Inomira discussed the relevance on their day of marriage as if they of Tete at different social media know the child at all. platforms including Facebook and Some however tend to seek help here are some of the responses: from friends when problems arise 'we really thank the likes of which usually causes more Google and Facebook groups such problems yet Tete used to be the as Dandaro Remadzimai Anhasi sources of sound advice. (DRA) coz we have learnt quite a lot Today's Tetes do not take time to of things from women of all walks of sit with their nieces and nephews as life” before and the most crucial person “. . .ahh inini ndiri tete and nditori becomes either a father or mother or applicable ruff....nekuti pa DRA even the social media who have ndiripo, pa google ndiripo, taken the role of the aunt. pamadzimai ekuchurch ndiripo, However a significant number of kumaraini ndiripo...waona manje” people agreed that Tete is still This goes to show that those Tetes relevant although some family ties from all over the world may not be are not as strong but a Tete in a relevant in their families but on other family makes a big advantage. There platforms such as these. Those that are some families that still value the are abroad and cannot visit their importance of Tete and actually send Tetes also seek advice from other their children to Tete's house for women who are Tetes in their advice and guidance on real life families through Facebook and matters such as marriage and even Google. High time coaches and players form a Union

Page 16 The Worker, AUGUST 2014 It's now or never for Kaindu By Musa Makina abandon juju and believe in ULAWAYO giants, Highlanders God they will whisk away have gone for almost seven years the coveted title, but Bwithout laying their fingers on the generally the team's glamorous Premier Soccer League performance on the field of Championship. play. Certainly this is not good news to all the Talk of a star studded multitudes of Bosso die hards scattered club that has even left the throughout the country and abroad. It is only coach at sixes and sevens hope and hope that seem to have kept them with regard to picking the flocking in numbers to the Bosso's hunting best eleven that can bring ground, Barboufields stadium better known as the much needed three Emagumeni. points. Never mind their clear resentment in going Like most soccer for equally seven years without beating their pundits have indicated this traditional rivals, the Harare giants Dynamos, year by merely looking at of course a record they obviously want to get the Bosso line up on paper, over sooner than later. they are just a team to beat. Never mind their familiar impatience when Having gone for more their team is losing or seem to be putting up than 10 games without a poor shows, these are the same people who loss one can only overlook have put incessant pressure on the management the arsenal at the disposal for better decisions, all for the good reasons. of the Bulawayo giants at Well, six years without a premiership trophy own risk. is certainly not good news for a team like Last year Bosso almost Highlanders ranked as one of the top three did the same thing going teams in Zimbabwe proud of a very huge fan for many games without base. being defeated only losing It is their failure to lift the trophy twice in a 1 game but still lost to their Will the Bulawayo giants have the last laugh this season? row despite amassing same number of points bitter rivals, Dynamos. with their close nemesis Dynamos who have And this is not the script While Bosso have not lost to any team serve fact that the black and white shirted team have lifted the cup three times in a row that seems to that any Bosso supporter would like to read this for a couple of draws, the team has failed to for years now gone without clear cut strikers be another time around as any repeat of this unpleasant inspire life into the usually vociferous Soweto whose duty is just to poach goals. thorn in the flesh. scenario will automatically mark the end of and Empankweni stands which houses its fans For instance the likes of Peter Ndlovu, This is the cup that at one point almost made Kaindu's flirtations with the reigning whenever it plays. Zenzo Moyo, Chipo Tsodzo and Raph the City Of Kings its permanent home after Mbanda Diamond Cup champions. This is because the team has by far exhibited Mathema were during their time known for Amahlolanyama went for a couple of years Having completed an advanced coaching a very poor home record as compared to their banging the nets and nothing more. without letting go. training course abroad, Kaindu is expected to at away record where they have proved to be good The same cannot be said now where a goal But despite the two close misses under the least exhibit the value of his training reflected travelers. is expected to come from any of the eleven tutelage of Zambian gaffer Kelvin Kaindu and through the performance of his charges. Their high number of draws since Kaindu players a development which does not auger former Bosso son Mark Mathe, fans seem to be Flanked by the equally capable assistant took charge of the team has earned them a well with the team of its calibers. confident that this time around, the gods will coach Mark Mathe who proved that he has the nickname Drawssolona after the term was at In other words, the team is yet to reignite the smile at them. tough when he led the team to a couple of one time known as Bossolona derived from the tempo that used to make Emagumeni a lion's This is not only boosted perhaps by what victories in the absence of his boss who before string of victories likened to the Laliga den where any visiting team will know that controversial Bulawayo based prophet Chiza his graduation made several trips to Europe on champions Barcelona. coming out unscathed would be a near true told them at the onset of the season that if they and off season, a lot is expected from the bench. The draws have also been caused by the definition of a miracle and nothing else. Zim Cricket recalls Vermeulen Just last month Peter Chingoka imbabwe has recalled during a game. enrich a bank on whose board they stepped down as chairman of sit and ignored a key condition of the batsman Mark Vermeulen The 35-year-old Vermeulen's Zimbabwe Cricket and as a board to its cricket squad six recall came after he recently made a loan. Chingoka, Manase and former Z member, following the recent managing director Ozias Bvute all years after he was cleared of arson century for Zimbabwe A against financial controversies involving on psychiatric grounds after Afghanistan. He was part of a 25- sit on the board of Metbank, one of the cricket board and the national Zimbabwe's leading banks. setting fire to the national union's man squad named by new coach players' salaries. He had headed the headquarters and an academy Stephen Mangongo for tours by ZC said the main purpose for the cricket board since 1992, when ICC loan was to service the current building. South Africa and Australia this Zimbabwe played its first Test. He Vermeulen was cleared in a court in month. facilities with local banks so that it became a target of a player strike in could borrow again but the plan was 2008 despite admitting setting fire The recall comes as the national 2005, when certain cricketers two years earlier to the union offices side seeks to boost itself with upset by the status of the financial refused to play till he quit the market. Chingoka also said it was at Harare Sports Club and an experienced players following position. Chingoka was re-elected academy pavilion at another humiliating defeats against "wrong and malicious" to allege loss as chairman in April 2011. of money when Metbank location. He was cleared after Afghanistan. The resignation also follows the arguing he was suffering from Local cricket has been on a down themselves were owed the most controversy involving the board's amount of money. problems related to epilepsy caused trend over the past 10 years top leadership, who apparently used by being hit on the head by a ball following a player exodus and a $6 million loan from the ICC to political maladministration. Mark Vermeulen