The R5.00

Voice of the Labour Movement Estab ilshed 1988 Issue No: 220 DE C 2014 - JAUNARY 2015 Registered at th e G PO as a N ewspaper Labour Court finalises US$ compensation impasse No respite

P 5 to job losses

No festive BY ADMORE MARAMBANYIKA here is no respite to job joy for losses in the country as Tmore than 55 000 workers have been offloaded workers over the past four years owing to massive deindustrialisation, retrenchments and company as bonuses closures despite high sounding job creation promises by the government. fly past The figures reveal an average of 13 500 workers annually , 1125 monthly and 37 daily losing jobs at a time the Zimbabwe Agenda for Sustainable Socio-Economic Transformation (ZimAsset) had promised about 2.2 million in five years . Finance minister Patrick Chinamasa revealed the job losses figures in his 2015 budget announcement and implored on the P 7 Dilapidation of infrastructure and overgrown vegetation are now a common feature at most company government to implement premises following years of inactivity that has rendered thousands of workers jobless. ZimAsset to curb the job losses. Is it time The Zimbabwe Congress of which the government is in owing stemmed as long as structural branches. Trade Unions (ZCTU) Secretary to its resistance to reform. challenges affecting the economy 'There are some companies that General Japhet Moyo said the “The government is allergic to are not addressed. The government report their figures to the ministry announcement by Chinamasa was reforms and does not want to needs to commit itself to serious of labour and as a board we he quits? an admission by the government separate party politics and the reforms and should not expect approximate the number to be that it had failed to create administration of the country. The overnight results but something around 25 percent of recorded employment. country requires urgent reforms but needs to be done. A lot of workers figures with the Retrenchment “Finally the minister has agreed as it stands three quarters of are being retrenched but the figures board. We also approximate that a with the figures that the government is not functioning cannot be quantified because some further 20 percent is unrecorded. government has been disputing owing to factional party fights. The are not registering with The figure of job losses could be over the years. This is the first time scenario spells doom to labour as authorities,” he said. well over 10 000 but some cases go Page 16 that a government official has we do not see any change or The Retrenchment Board had unreported,” said the source. given a correct analysis is relation reversal of the status quo,” he said. officially registered 4769 A recent study conducted by to job losses in the country. The Moyo said the government retrenchments by the end of Zimbabwe Economic Policy admission now shows that the should step up with practical November with sources saying Analysis and Research Unit government is clueless on how it solutions to job losses instead of more workers could have been (ZEPARU) and the Labour and has to solve the problem of selling dummies to the population. chopped off with Zimasco leading Economic Development Research unemployment,” said Moyo. “The wave of company closures the chop for November after laying Institute of Zimbabwe (LEDRIZ) He said the shocking figures and retrenchments would not be off 400 from its Kwekwe Smelter, P16 reveal the dysfunctional state in Shurugwi and Mutorashanga To page 7 Page 2 The Worker, DECEMBER 2014/JANUARY 2015 ZDAWU calls for domestication of ILO Convention 189 on Decent Work BY DICKSON CHAERUKA influence national laws and policies on decent work for HE Zimbabwe Domestic domestic workers,'' she said. and Allied Workers ZCTU Legal Advisor, Zakeyo TUnion (ZDAWU) Mtimtema said ratification and embarked on a nationwide domestication of the ILO campaign to lobby the convention helps in monitoring government to ratify and the plight of domestic workers in domesticate the International the country at international level. Labour Organisation (ILO) Facilitating at the same Convention 189 on decent work workshop, Mtimtema stated that for domestic workers. the Convention was adopted after ZDAWU, in conjunction with a realisation that domestic workers the Zimbabwe Congress of Trade were marginalised especially in Unions (ZCTU) and the Freidrich developing countries where their Ebert Stiftung (FES) facilitated work is undervalued and invisible awareness training with domestic hence prone to discrimination in workers countrywide aimed at respect of conditions of work as capacitating them with the well as other human rights abuses. th convention adopted on the 16 of He stated that the convention June 2011 by the world's largest set minimum standards aimed at labour body. according domestic workers a Presenting at one of the training decent working environment. workshops organised at a local ''Article 3 of the Convention, in hotel in the eastern border town of relation to domestic workers, The ZDAWU leadership and domestic workers at the just ended workshop in Mutare Mutare recently, ZCTU Head of recommends the respect, Women and Gender Department, promotion and realisation of the Ruyi revealed that the union sector. There is also a need to state Fiona Magaya stated that, the decent work in trade unions as well fundamental principles and rights scheduled to realign its industry's abuses and its various forms in the campaign exercise, carried out as labour law reform. at work which include; freedom of Collective Bargaining Agreement CBA,'' he said. under the theme;'' Campaign for Participants had also an association and the effective (CBA) with some of the Speaking at the same occasion, Decent Work and Gender Equality opportunity to elect a branch recognition of the right to recommended provisions set out in ZDAWU Treasurer, Benjamin for Domestic Workers'', seeks to committee representing the collective bargaining, the the international decent work Mangirazi added that the union strengthen the voice of domestic Eastern Region. elimination of all forms of forced Convention for domestic workers. was also lobbying for registration workers in the country to stand up One of the participants hailed or compulsory labour, the ''We found that there is a need to of domestic workers agencies and demand their rights. the programme saying they were elimination of discrimination in update our current CBA to fully revealing that there were a nuclear '' We are carrying out an afforded a lifetime opportunity respect of employment and capture the aspirations for decent of unregistered agencies in awareness on the ILO Convention which awakened them. occupation as well as the effective work for workers in Zimbabwe as operation that were abusing 189 and the rights of domestic ''For the first time i feel abolition of child labour,'' he said. set out in the ILO Convention. We domestic workers. workers. Essentially, we are important and proud of my job ZDAWU General Secretary, need to specify the need for decent The two day workshop was strategising on effective ways of after this capacitation. We were in Hilarious Ruyi, also presenting at accommodation in the CBA. attended by gardeners and mobilising domestic workers in the dark and we would like to urge the workshop, reiterated that the There is a need to specify a job housekeepers drawn from lobbying for the ratification and the facilitators to continue union would seriously engage the description in the employment different residential areas around domestication of the convention in empowering us with such nice government for the ratification contracts. We also need to put on Mutare. They were taken through Zimbabwe. This training orients work,'' she said. and domestication of the board the provision of social fundamental topics which the union members on how to Convention in the country. security covering workers in the included; gender equality and NER to rejuvenate districts Ministry of Transport failing to pay BY STAFF REPORTER he ZCTU North-eastern Region held its last quarterly meeting for 2014 which called for the rejuvenation of district structures Tto increase visibility. The meeting was also held at the backdrop of limited participation by Birchenough traffic controllers districts in the region owing to several reasons ranging from resignations of executive members to sabotage. salaries. salaries from our Head Office in BY DICKSON CHAERUKA Harare but unfortunately we have The regional Chairperson Jokoniah Mawopa called for maximum They also revealed that they have cooperation and revamping of non-functional structures in the districts to raffic controllers not been issued with payslips since not received anything currently. The head office once promised to steer the movement ahead. employed under the their various dates of engagement. “We have noticed that some districts are no longer well constituted while Ministry of Roads and The workers, most of who were clear off all the arrears by this year T end,'' he said insisting that further others are no longer functional at all,” he said. Infrastructure Development at engaged in 1995, complained that questions should be directed to the He said the region is looking at strategies to rejuvenate the districts and Birchenough Bridge have gone they have been made to sign three spur them towards being active. for over a year without salaries months contracts for over the years Ministry's Legal Department in Harare. “We want to increase our visibility and we want our districts to start and are subjected to a host of and they recently established that holding separate commemorations for our calendar events. The challenge other unfair labour practices by their management have not been The workers confirmed that they had reported the case at the that we get is that some of our districts are overshadowed by the Harare their employer. deducting statutory deduction district when it comes to national commemorations,' said Mawopa. The controllers at the bridge including to the National Social Ministry of Labour where it was pending before conciliation by time He added that the region is seeking to explore other areas such as lamented that they were owed over Security Association (NSSA). Concession, Mvurwi, Mutoko, and Mt Darwin to set up structures. $25 000 in salary arrears streching When contacted for a comment, of going for print. Birchenough Bridge, built in The region is also looking at ways to encourage membership and elected over a year’s period. the Ministry's Manicaland leadership to attend national commemorations. ''Life has become unbearable for Provincial Road Engineer, only 1935 and located about 125 km south east of Mutare across Save “The region has noted a decline in participation of members and we have us. What is even more disheartening identified as Musikavanhu claimed resolved to call elected leaders at union and national level to participate so is that management has been giving the non payment of salaries was due River, is recorded as the third longest single-ach span in the world that they motivate the general membership. We also resolved to urge unions empty promises all along. We to biting cash flow challenges within to prioritise educating their members as well as paying subscriptions to the visited the provincial road the department. and has over the years generated a lot of attraction mainly by citizens ZCTU,” he said. engineering to present our plight but Musikavanhu confirmed that Some of the members who attended the meetings questioned the priorities they refused to entertain us,'' said there was casualisation of labour as across the country especially students who normally tour the area of some unions which do not pay subscriptions. one of the workers who decided to most of the workers were contract “It is very baffling to note that some unions are failing to remit dues to the remain anonymous for fear of workers although they had served to marvel at the country's finest piece of engineering. ZCTU when members are paying subscriptions every month. We then begin victimisation. for than six consecutive weeks. to suspect that the leaders will be prioritising their own salaries forgetting the The workers further cried foul '' What I only know is that most It is one of the busiest bridges that links some parts of Manicaland goose that lays the eggs. That is why as a region we are calling for a probe of that their counterparts employed by of these traffic controllers are the general secretaries and presidents' salaries and allowances so that we may the same Ministry working in other contract workers. We remunerate province with the rest of the country. get to the bottom of the matter,” said Runesu Dzimiri who represented the provinces were up to date on them as and when we receive their Federation of Food and Allied Workers Unions of Zimbabwe at the meeting. 2014 DECEMBER/JANUARY 2015, The Worker Page 3 ZCTU dismisses labour market flexibility proposal

part of the system as it aligns women improving the application and to domestic tasks, '' he said. implementation of international Nkiwane said there was need for labor standards while strengthening flexibility to balance labour interests social dialogue capacities and through a diagnostic approach processes for sustainable socio- before prescription. economic development,'' he said. “This will see the realization of Also speaking at the same flexicurity where you promote occasion, a leading labour employment over job security. The researcher with the Labour and model has dual advantages of Economic Development Research ensuring employers a flexible labor Institute of Zimbabwe Godfrey force while employees enjoy the Kanyenze said it was time all the safety net of unemployment policy. stakeholders in Zimbabwe face the Active involvement of social reality and admit the wrongs done partners and cultivation of trust is for a better labor future. key if we are to deliver satisfaction The LMF concept seeks to place and benefits for all since there are companies under fewer restrictive different ways of combining regulations regarding the labour flexibility and security, it is equally force and can therefore set wages, important to embrace high public fire employees at will and change expenditure on social services. their work hours, thereby leaving There is need to balance between employers as determiners of the employment protection provided at labor market. The advocates of labor the level of the firm and social flexibility believe that it enables protection and income security employees to adjust market changes provided at societal level. In reality in the same way product market the decent work agenda constitutes a changes. It enhances company framework for social policy which competitiveness as it can quickly integrates promotion of productive adjust its labor force as dictated by employment and decent jobs, the market.

ZCTU President George Nkiwane at IPMZ Briefing

BY ALOIS VINGA crunch which resulted in the cost of Hwange failto pay workers on time borrowing rates increasing coupled HE Zimbabwe Congress of with borrowing rates of 20 percent BY FAIRNESS MOYANA unfortunate development the facility which the company sourced Trade Unions (ZCTU)has per annum, high taxation levels and in HWANGE company was implementing its has positively resulted in the Tdismissed calls by some unreliable economic policies were 'Plan B' strategy discussed upon by gradual increase to operations labour experts to factor in Labour the management and workers capacity and volumes.” the key factors to be analyzed. HWANGE: Ailing coal mining Market Flexibility (LMF) leadership which would result in all Makore has been reported as “Flexibility leaves workers and giant Hwange Colliery Company concepts in the realignment of workers across the board receiving saying the company's debts communities in unstable and (HCCL) has told its workers that labour laws to the new $200 each before the end of incurred at the adoption of the insecure situations, disrupting their it has failed to meet its salary constitution at the Institute Of November to cushion them against multi-currency system in 2009 and life planning options. More obligations as agreed upon due to People Management Of hardships. ageing equipment was holding them importantly precarious workers are low production volumes and poor Zimbabwe Labor briefing held in “While we work towards this back. As part of its restructuring found to suffer higher rate of revenue inflows. Harare. goal, the company has taken into programme, the company is getting occupational and safety and health The development comes in the ZCTU president Geroge Nkiwane issues while temporary workers consideration to implement action loans to purchase equipment with dismissed claims that the labour wake of a restructuring exercise the “Plan B”, which was recently the finalization of an $80 themselves were unable to secure company has embarked on to offset laws in Zimbabwe were too immovable property. The general discussed with the workers' million loan facility from restrictive to employers and needed a $70 million debt. HCCL owes its 3 leadership. To this effect the Eastern and Southern Trade condition of fear and in security also 200 workers $20 million in salaries to be relaxed. dissuades workers from joining company will pay USD200 to all Development Bank (PTA) almost “Such claims are not new, I dating back 15 months which has employees across the board in order complete. trade unions, leaving them even seen low worker morale. remember on 19 December 2013 the more vulnerable to precarious wok to cushion everyone against the Another $15 million worth of Honorable Minister Of Finance According to a circular to the current hardships. The payment will equipment from BEML, a state run arrangements. These conditions workers who were supposed to be Patrick Chinamasa expressed the leave young people excluded from be effected before the end of Indian construction equipment view that the laws of this country are paid their December 2013 salaries November 2014 afterwards the company which will be financed benefits systems, either because during the month of October this skewed in favor of employees they have not been contributing for company will continue to pay through the Export-Import Bank of without taking cognizance of year, the company's managing normal salaries in batches as the India is expected before year end. long enough or because the systems director Thomas Makore said his productivity and the capacity of are based on voluntary cash inflows improve,” he said. Meanwhile the company companies to pay. On 20 March this management took responsibility for Makore who joined the Colliery contracted Portugal's biggest contributions” he said. the failure to meet their target in year the Minister repeated the same He noted that the risk of losing in June this year said the company builder, Mota Engil SGPS SA to terms of production output and sentiments .The notion that the cost financial independence and having was fully committed to regularizing augment mining operations as it revenue flows. of operating a business in Zimbabwe to rely on lower social payouts led to the payment of workers' salaries seeks to increase opencast “The payment of the December is high because of high labour costs further social exclusion. monthly and the improvement of production to 300 000tonnes a 2013 staff salaries during the month and also that the country is not “Flexibility leads to more time production and sales volumes in month. of October 2014 as earlier circulated competitive because labour laws are and resources being spent in October was likely to ensure the The company which is currently was not accomplished. Management rigid are both misdirected and developing multiple skills at the salaries are paid. producing 200 000tonnes has also takes responsibility for this failure misleading,'' he said. expense of production. The worst “The attainment of this goal is started restructuring its business and this was due to the disappointing He further explained that the part is that the benefits of this possible as reflected by the into 3 units being mining, estate and low production volumes achieved cost of business were driven by a arrangement rest on highly qualified improvement of production and medical a move meant to improve for the month of September 2014. number of factors which have little and skilled employees who are on sales volumes in the month of cost controls. He however said due to the correlation to labour. demand. Gender segregation is also October 2014. The working capital Nkiwane said the liquidity Zim youth employment rates among the worst in Africa unemployment was alarming in leaders were greatly concerned unemployment rates overly as BY JUNIOR GONESE has been a cause for concern over the African countries like Zimbabwe. past years. A big number of young about the growing number of youth Labour institutions predict more imbabwe is the second The meeting was held by AU and workers have no jobs and are who are unemployed. than 80 percent unemployment due African country with the EU Civil Society ahead of next struggling to survive in different “African leaders during the last to over a decade long economic Zworst rate of youth month's AU-EU head of states African countries. The most affected AU summit expressed great concern meltdown. unemployment with nearly 70 Summit to share their views on the countries include Tanzania with a over the rising numbers of youth Zimbabwe percent of its young people out of proposed two continents rate of 83 percent followed by who are not employed. In the last Congress of Trade Unions work, an African Union top cooperation in development, trade Zimbabwe with almost 70 percent,” summit for heads of states, the AU recently in a statement predicted a official has said here. and governance issues, including the he said. articulated commitment in dealing worsening unemployment situation Speaking during a European protection of human rights. He said according to a survey with the challenge of youth in the country following the shutting Union-Africa, Economic and Social Zimbabwe he said came second carried by the AU most youth in unemployment and this cannot be down of companies over the past Stakeholders meeting in Brussels from Tanzania that has about 83% Africa were struggling to get addressed at national and three months. recently, AU Ambassador of the youth unemployment rate among employment because of lack of continental level, it definitely needs ZCTU Secretary General, Japhet permanent mission to EU, Jay other Africa countries, most of them sound economic and labour policies our partners from outside the Moyo said close to 10 000 workers Kumar Bramdeo said the rate of which are civil strife hit. that are able to create jobs. continent like the EU,” he said. lost their jobs this year after their youth “Youth unemployment in Africa Kumar however said African Zimbabwe has one of the highest companies shut down. Page 4 The Worker, DECEMBER 2014/JANUARY 2015 The

Voice of the Labour Movement Comment A gloomy 2015 awaits workers

N Thursday 27 November 2014, Finance and Economic Development Minister Patrick Chinamasa presented his 2015 ONational Budget that can be described as a non-event. Non-event because it was empty and hollow on how to wriggle the country out of its current messy Most tellingly, while Chinamasa was busy presenting the budget, very few people in his party, Zanu PF, bothered to listen as they were busy bickering over political posts as the party was going to its congress. His speech was like a broken record. Chinamasa's budget was largely unchanged from that of last year, but it had little to stimulate economic growth. Most importantly, 82 percent of the $4.1 billion budget went to salaries, leaving very little for development. For the ordinary worker, there was little to cheer about save for a tax free threshold that was moved from $250 to $300. In any case, the shift was negligible to make any impact on the disposable income of the majority of Zimbabweans. Every year workers look forward to the budget to provide them an increased tax free bonus, but this year Chinamasa chose remain quiet, indicating that there are no changes this year, meaning a very cold Christmas for many. The Minister claimed that the economy will grow by 3.2 percent while inflation will remain below one percent. We doubt his projections on the growth of the economy considering that more and more firms are closing every day. Already inflation has gone negative indicating that we are When is enough, enough? experiencing a stunted growth. It will be a miracle if the economy grows by 2 ountless numbers of voiced that the nation is burning; perpetrators whenever threatened. percent. Zimbabweans took Zanu PF and President Mugabe can When is enough, enough? For how It was also sad to hear the Minister saying over 55 000 jobs have been lost Cjournalist Itai Dzamara for a no longer serve our nation alone. long shall Zimbabweans die in fear between 2011 to 2014 while over 4 600 companies have closed shop. We fool on the loose when he boldly This is nothing far from the truth. I of a failed leadership? How long believe the figures are far much more conservative as some companies called for peaceful protests against remember noting in one of my shall we keep silent while smelling retrenched or even closed without notifying authorities. The closure of these Zanu Pf's disastrous ill governance previous articles on this space that death? companies is a serious indictment on the government that portrays to the that is threatening to rip the nation one of the forgotten outspoken Zanu There must be time world that it cares about people, particularly about workers. apart if the worse gets to the worst PF brains, the late Edison Zimbabweans refuse to be taken for The Finance Minister's budget paints to a gloom 2015 for the working while we watch as if all is well. Mudadirwa Zvobgo once said that granted by an irresponsible people of this country. Although the Minister set aside $200 million ostensibly It still amazes me why many Zanu PF is only good at conquering government claiming that we voted to boost struggling companies, similar efforts during the last budget did not Zimbabweans lament a lot about power and keeping power. it into power? How come the same yield anything. As has become the norm, our budget is only on paper as there Zanu PF and President Robert Good enough to confirm government goes against our will, will be no money to support it. In fact most budgetary allocations are never Mugabe's failures, and yet turn deaf Zvobgo's observation, Zanu PF when it claims to stand for us? Who and dumb to loud calls for action shocked three quarters of honoured as they remain on paper due to the financial squeeze. We doubt if shall speak for us, when we fold against continuity of the unwanted Zimbabweans beyond imagination, line ministry get 50 percent of what they are allocated. arms and zip our mouths, letting our system. Is it that we are so peace- by winning last year 2013 leaders to loot national resources Therefore 2015 will be another difficult year for most Zimbabweans. There loving or pathetically coward? presidential elections against all is little sign that factories that had closed will reopen. Even those that are like diamonds and voice tragic Zanu PF has proved to the nation indications which reflected a politicking nonsense? operating will find it hard to survive in an economy where there is no cheap and world at large that it is not historic opposition win. There is no other time better money to borrow in order to revitalise the companies. concerned with serving Zimbabwe. Zanu PF can do anything to win than now for Zimbabweans to bring While Zanu PF promised to create 2.2 million jobs, the opposite is The ruling government has done power. The old and unwanted party Zanu PF to book as a governing happening. In fact, experts now estimate that less than 700 000 people are more than enough to show us that can do nothing remarkable to serve party. History has it that united employed in the formal sector. gluing on power matters most, while our fallen nation. Why we remain forces do not lose wars. United With the skies not looking generous as we went to print, we are all hopeful silent ordinary citizens bear the scared to protest is no – longer only Iranians successfully demanded that rains fall to at least give some relief to the populace because a drought brunt of selfishness and impunity. shocking, but disturbing. resignation of Mahmoud would get our situation worse. Dramatic Zanu PF factional Numerous Zimbabweans are so Ahmadinejad in 2010, angry Zimbabwe needs a robust government that put the economy at the fights which made disturbing news afraid of Zanu Pf that they can run Egyptians toppled Hosni Mubarak forefront rather than politics. With the current regime in place, it is going to be country-wide, speak volumes in 2011, in Yugoslavia general difficult for the country to move forward. about how power hungry and The public members revolted and Cry the beloved country. inconsiderate the old and tired forced Slobodan Milosevic to party and first family are. First resign in 2000 and recently in lady Grace Mugabe went crazy October 2014, Burkina Faso around the nation demonising president Blaise Compaore everyone perceived to be against submitted to mass protests and the oldest and longest serving PERSPECTIVE resigned, after twenty years in president in Africa, Robert power. Mugabe who now seems WITH Mass uprisings are struggling to perform when dangerous as some people lose forced by circumstances to KIMION TAGWIREI lives, but very necessary in address his party or the nation The situations like ours where the due to ageing – bred poor health. government runs the nation We cannot debate that the president when ordered to run, even without a like a family tuck-shop. This is the is no-longer effective like he used to, clear cause. We have succumbed to time Zimbabweans must conclude The Worker is published by the before dotage reduced him. fear beyond reasonable control. that enough, is enough, and rise to Zimbabwe Congress of Trade Unions All Zimbabweans understand Behind closed doors we hear some force the failed government to 9th Floor, Chester House, 88 Speke Ave that the president and ruling party saying the darkest hour is nearest restore order or leave office for new P.O Box 3549, Harare Zanu PF can no longer serve this dawn, we are sick and tired of Zanu blood. nation. We can safely agree that the TEL/FAX 04-702474/705602 PF and that our suffering is enough. Zimbabwe is burning. No one old party poisoned by very old Honestly, when is the dawn coming? www.theworkerzimbabwe.com besides Zimbabweans can stand to leaders have run out of new ideas to When shall we be sick and tired of serve the nation. If united to serve govern Zimbabwe. There is nothing being sick and tired? When is EDITOR this nation, Zimbabweans can new we can now expect from the old enough, enough? protest and force Zanu PF and its LAST TARABUKU party. There is nothing new we can We have talked of politically [email protected] old leaders to refocus on expect from the old leaders. motivated violence repeated times. Zimbabwe, or admit failure and Zimbabwe now needs new blood. Zanu PF – led turbulence has ruined REPORTERS pave way for new leadership geared Zimbabweans know this. our lives. We have lost beloved up to serve our beautiful ADMORE MARAMBANYIKA Surprisingly, we all turn quite as if [email protected] relatives and friends. We have motherland. all is well, shockingly when unhealed wounds and broken bones. Feedback email CORRESPONDENT someone sensing the need to voice We know the masterminds of all [email protected] DICKSON CHAERUKA whistles that we must take action. that. We are still afraid of even Highly courageous Itai Dzamara talking about that. Some of us seem Send your letters might be clownish as some argue, ready to run away or submit and contributions to but his message holds water. He ourselves to the same celebrated [email protected] 2014 DECEMBER/JANUARY 2015, THE WORKER PAGE 5 Labour Court finally seals US$ compensation case

BY ADMORE MARAMBANYIKA lieu of leave days and interest,” tendered a cheque of Z$12 594 reads the judgement. (revalued) on February 11, 2009 he Labour Court has Fleximail and its employees when the multi-currency system quantified damages and reached a deadlock over the was already in place. The workers Tupheld the payment of payment of the employees' benefits rejected the Zimbabwe dollar compensation in United States after the firm insisted in paying its damages because the currency had Dollars to the 39 Fleximail former workers in Zimbabwe become useless and returned the employees who were dismissed in dollars. cheque. 2005 following an order for In justifying the need for the ex The workers approached the quantification of damages by the workers to be paid in United States High Court after failing to get Constitutional Court. dollars the court noted that: “It will payment in US dollars and Justice A panel of five judges of the be inappropriate to make an award Andrew Mutema in 2011, ruled in Labour Court ruled in favour of the in a currency which is no longer in favour of the workers. 39 ex-Fleximail employees and use and from which no value will be That prompted Fleximail to ordered the now defunct firm to pay realised. I do not think even appeal against the decision at the compensation equivalent to five respondent (Fleximail) itself would Supreme Court seeking the court to years' salary at the April 2009 salary accept it in its transactions. To make determine the validity of payment. rate. an award in Zimbabwe dollar is to Chief Justice Godfrey The landmark ruling by the issue a brutum fulmen and by so Chidyausiku sitting with four other Labour Court followed a recent doing, justice will not be achieved. It judges ordered Fleximail and its 39 order by the Constitutional Court will be a mockery of justice as stated workers to agree on the rate at which which set aside the judgment of the in the Madhatter case supra. Further, the Zimbabwean dollar damages High Court and referred the matter public policy demands that a could be converted to the back to the Labour Court for wronged party must get adequate operational currency because when quantification of damages. compensation. Admittedly, such Government introduced the multi- “In the result therefore it is compensation should not be unduly currency system in February 2009, it ordered that respondent (Fleximail) harsh on the party that has wronged did not indicate the rate that should pays each applicant damages in the them.” be used to convert debts and other United States dollars equivalent to Fleximail dismissed the 39 liabilities denominated in five (5) years' salary at the April, workers in 2005 after finding them Zimbabwe dollars to the Chief Justice Godfrey Chidyausiku 2009 salary rate,” the five judges guilty of misconduct but the workers international currencies. ruled. challenged the decision and took the That created a legal problem that employers as well as several other to trigger many court applications of “On the second scenario (b) still matter up to the Labour Court in has resulted in many cases flooding individuals and companies who are workers and individuals relating to using Applicant Dinha's salary, it 2007 where they got an order for the courts without a proper legal owed debts dating back to the pre- cases of the pre-2009 era. was submitted that the April 2009 reinstatement or payment of position of how creditors will February 2009 period, are set to Eight of the employees have salary of $203 multiplied by five damages in lieu of reinstatement. recover their debts. benefit from the outcome of the since passed on in the last six years years, the total amount payable Fleximail submitted that it Workers who are owed case. according to their lawyers . would be $12 180 excluding cash in wanted to pay the workers and Zimbabwean dollars by their The Labour Court ruling is likely Retrenched workers embroiled in 6-year battle for packages

since there was no ratified viable hence he wanted to lay off Their lawyer is understood to be paid in 2008. BY FAIRNESS MOYANA agreement by all the workers. in HWANGE most of the 66 workforce. Before we making steps to employ the services Efforts to get a comment from “The question one has to ask is knew it we were furnished with of a Deputy Sherriff for possible Stylianou or his lawyers Colghlan HWANGE - THIRTY SIX whether it would be fair, just and papers informing us that the attachment of property to be and Welsh were fruitless as their workers who were illegally equitable to allow a retrenchment Retrenchment Board had agreed to auctioned in order to raise money for telephone number went retrenched by two construction package to be paid out yet the the retrenchment much to our the workers' salaries that were last unanswered. and engineering companies owned argument that has been placed under surprise as we had not even been by Chris Stylianou in 2008 are still the board has not been ratified by the consulted over the package. We then struggling to get their dues after affected workers. It is true that it was decided to take the matter to the the High court ruled in their not ratified that is why the employer labour court where the arbitrator Frolgate ordered to reinstate favour. sought to coerce their representative ruled that we go back to work while Though the ruling made in 2011 to ratify it on their behalf inside the Stylianou follows set guidelines in constructively dismissed workers found that Stylianou, through his courtroom before the court started laying us off,” said Moses Mubita Christopher Mahove companies Fred Driver and DR long after it was purportedly chairman of the aggrieved workers. Frolgate Pvt Ltd has been ordered to reinstate two Accounts Mangers Hendry, did not follow procedure in approved by the Retrenchment He said since then they have which the company constructively dismissed in August without retrenching the then 50 workers board,” said Matshanga. been in and out of the courts with terminal benefits. making the process null and void the During the court proceeding on their employer appealing every The two, Prince Choguya and Diana Marova, were employed on August 11 workers are still to celebrate their joy 18 November 2010, Stylianou who ruling in their favour meanwhile and 1 respectively on a contract without limit of time and enjoyed several 6 years after. is the owner and one of the directors refusing to pay them their salaries as benefits, among them cellphone allowances, performance related bonus and “It is apparent in this matter that of the companies tried to exonerate ordered by the courts for the past 6 vehicles for both business and personal use. the retrenchment laws were not himself from being an Applicant by years. The two wrote letters of resignation on the 4th and 5th of September followed. It is also apparent that saying he was just a director in the “We can't wait for the day when respectively, which were rejected by the employer, who cited that they were some of the affected workers did not two entities and so could not speak this will be all over so that we can still bonded after having attended a course on the Art of Creative Selling, for ratify the so called agreement that on behalf of the companies. move on with our lives. The case has which they had signed agreements of bonding. was placed before the The 36 affected bemoaned the really cost us a lot in terms of money In November of that year, the two had their laptops, contract cellphone lines Retrenchment Board. It is further delay in the finalization of their case and livelihoods. When we and vehicles withdrawn for allegedly working against the company, leading clear from the record and the Act that which they said had traumatized approached the courts as laymen we to their immediate resignation on November 29, which was accepted the the Retrenchment Board had no them and left them destitute and hoped our case would not take this same day. business in approving the beggars. They added that they had long however it's been a long Choguya and Marova then approached the National Employment Council retrenchment and making a final known no joy since being grueling 6 years and what hurts us for the Electronic, Communication and Allied Industries claiming decision without making such retrenched by Stylianou in 2008 the most is that even after winning constructive dismissal, which allegations the company denied. recommendation to the minister. who gave them Z$45 billion as exit our case it seemed Stylianou had The matter failed at conciliation and was referred to arbitrator, Zakeyo This was not done and Applicant package at a time when the train powers even in the justice system Mtimtema, who ruled in favour of the workers, noting that the employer had conceded that. Respondents from Bulawayo to Hwange cost because he would defy a court disabled them by withdrawing their tools of trade. approached the retrenchment board Z$30 billion. order,” said an emotionally charged “These items are essential tools in the claimants' work. Claimants were who admitted the error. I therefore “This whole experience which Mubita. Account Mangers whose contracts of employment embody such benefits. do not believe that there are any has been going on for the past 6 In light of Stylianou's resistance Respondent disabled them by such withdrawal of benefits,” Mtimtema said. prospects of success on appeal. The years has really traumatized us some through an appeal in the Supreme He said the employer had intentionally withdrawn the vehicles and other application for leave to the Supreme of our colleagues have died and court Mubita said they had tools of trade in order to belittle the two in front of their subordinates and in court is dismissed with costs,” ruled most of us have been reduced to employed the services of a legal the society they lived. Labour court judge Moya beggars as we have not been able to practitioner Mudenda Attorneys to “I am of the view that responded made continued employment intolerable Matshanga sitting in Bulawayo. secure employment fearing that compel Fred Driver and DR Hendry and claimants have the right to resign in response to such action,” he said. In her ruling, Matshanga noted Stylianou would refuse to give us to pay them their dues which the Mtimtema ruled that if reinstatement was no longer an option, the company that the Retrenchment Board had no our salaries. He told us that business Labour Court put at $150 000 owed should pay the two workers damages, together with terminal benefits. right to approve the retrenchment in his two companies was no longer on salaries alone. Page 6 The Worker, DECEMBER 2014/JANUARY 2015

UNION NEWS IN BRIEF ZCIEA restructures territories ZTWU welcomes DWT reopening BY ADMORE MARAMBANYIKA he Zimbabwe Textiles Workers Union (ZTWU) has welcomed the as main congress beckons reopening of David Whitehead Textiles (DWT) last month after years of Tinactivity. The ZTWU general secretary Silas Kuveya said the resumption of production was a ray of hope in an industry that was on a brink of collapse. “We are very hopeful that that the company will be soon on full production. At BY DICKSON CHAERUKA the moment production is at the Chegutu plant but with the necessary and supporting policies the Kadoma plant should also start production in the near future,” he said. he Zimbabwe Chamber of Informal He added that the textile giant which has a capacity to employ thousands of workers could trigger activity in the textile industry once it resumes full production. Economy Association (ZCIEA) has been The textile company which was under final judicial management restarted its Tconducting territorial congresses country operations, beginning with converting yarn into fabrics, then dyeing, printing and wide in preparation for its 2nd Official National finishing of the fabrics. Congress scheduled for early next year. The judicial manager Knowledge Hofisi said operations resumed after the In an interview at the sidelines of a territorial National Social Security Authority commissioned its boilers following extensive congress recently held in Mutare, ZCIEA Secretary tests and inspections by the authority and independent assessors. General, Wisborn Malaya stated that the territorial “In the first phase, we are starting with the company's traditional, standard and elections were scheduled to be conducted from the 12th strong brands such as cotton workwear (heavy and light), cotton school prints, toptex of November up to the 31st of December as a build up to prints among others. The resumption of operations is a profitable moment for David Whitehead Textiles Limited,” he said. David Whitehead was placed under the national congress ear marked for February 2015. provisional judicial management in December 2010 before confirmation of the final '' In our culture of democracy, it's an organizational order in March this year. Hofisi was appointed final judicial manager, taking over obligation that according to the constitution congress from Mr Wensely Militala. both territorial and national are held after every four The company used to produce at least 20 million metres of fabric per year while years. It is in the same light that we have started directly employing 3 000 workers and thousands in down and upstream industries. conducting the elections in our 30 territories which we “We will be employing about 330 people in this phase. We have re-engaged most expect to end by the 31st of December,'' he said. of our trained, skilled and experienced manpower such that we hit the ground Malaya stated that the organisation has been running,” said Hofisi. conducting the congresses smoothly which involved elections or gap filling of the Youth Committee, Women Committee as well as the Main Committee comprised of a Territorial President. New farmers disregarding labour rights ''We expect after the congress to emerge with a LUCIA MASEKESA BY ALOIS VINGA stronger and more united association. This gives us an opportunity to revitalise and redirect ourselves to focus ZCIEA PRESIDENT ost farmers in Chinhoyi are failing to pay the farm workers a on our issues. This also is an opportunity to set on course taste of time since its inception in the year 2002 under the rebirth of the informal economy struggles by the the auspices of ZCTU with the aim of lobbying for development which has driven most of the workers into abject way of fully constitute dynamic structures with conducive legislation that promotes and protects the poverty and desperation. adequate training and education to real challenge and M operations of the informal economy and facilitate Speaking to The worker on condition of anonymity an employee at Stafford spearhead the change of old by laws by our parliament,'' formalisation of this marginalised sector. Estates, owned by business magnet who is for Deputy Harare Mayor Chidhau he said. He revealed that the association is set to establish a ,which runs a number of farms in Chinhoyi said their working conditions were Over 80 members of the association convened at the suitable medical aid for its members that will have horrible. ZCTU Eastern Regional Offices where they “We have gone for six months without salaries but surprisingly the farm produce satellite clinics around the country for easy accessibility we labour for is being sold but the employer will simply not pay. Instead when we opt successfully conducted their Manicaland Territorial by members. Congress. Participants were drawn from various for sit ins the employer then offers our jobs to temporary employees, some of the ''In addition we are set to establish a funeral policy for permanent employees are even lured to take up contract jobs in order to make a few satellite towns of the eastern border city which our members. We are also scheduled to open Territorial cents for the family's upkeep,'' said the employee. included, Hauna Township, Zimunya, Chakohwa and Offices in all cities around the country in our quest to Investigations undertaken by the writer in other surrounding plots also Penhalonga. afford informal workers decent standards of living,'' confirmed a similar pattern of events. What complicates the entire situation is the Benita Goneso was unanimously elected as the said Malaya. degree of politicization of matters in the province. Manicaland Territorial President He further confirmed that all logistics were in place An official at the National Employment Council For Agriculture, David Moyo Addressing members at the congress, Secretary for the Association's National Congress scheduled for said unfair labour practices were rampant in the area. ''So helpless is the situation of farm workers in this province most farm workers General Malaya stated that ZCIEA, which is the February 2015. country's largest informal workers board, had stood the around are held at ransom, if they complain pertaining to matters affecting their working conditions they get intimated and some are instantly fired on false allegations. They are just subjected to the worst unfair labor practices. What worsens the situation is that some of these employees are foreigners and get so intimidated by such illicit practices to the extent that they are discouraged from reporting the cases hence suffer in silence”. ZCHWU member wins case “The salaries that they receive on average are far below the poverty datum line. There is just the need for meaningful increments imagine the newly gazetted salaries for farm laborers were pegged at $75-00 deflated the employees' standards of living. There is also a new trend of child labor emerging in the province. This is because the employees who are being underpaid cannot see reason in sending their after 5 year legal battle children to school, they instead opt that they work and assist to fend for the family,'' he said. BY ALOIS VINGA brought be presented for arbitration. was heard thereby ruling that the recently in MUTARE On thirteen January 2010 the employee be reinstated without any Deven Engineering loses appeal against NEC ruling arbitrator's award stipulated that the loss of benefits. n a landmark development, BY CHRISTOPHER MAHOVE the Zimbabwe Hotel and employee had to be reinstated Speaking to The Worker in an Catering Workers' Union without benefits however the exclusive interview, Mwandipe he Labour Court has struck off the roll, an appeal by Deven I explained, 'in most cases employees Engineering against an NEC ruling ordering the company to reinstate employer refused to reinstate the recently won a case on behalf of 26 employees who were dismissed in 2012. their member after a six year legal employee prompting the ZHCWU are always on the receiving end due T to poor labour relations knowledge. The faded engineering giant had appealed against the determination of the battle. to raise a warrant of execution and National Employment Council for the Engineering and Iron and Steel Industry As outlined in the records availed enforce it through the courts thereby Such a situation is perpetuated by Appeals Committee made on May 2, 2012. by ZHCWU, Sinikiwe Nkomo ordering the employer to pay salary inadequacy of information, le of The company had filed for a stay of execution of the order at the Labour Court, joined the Christmas Pass Hotel ,a arrears amounting to $1,581.04 trade unionism as it grants them an which was thrown out on the basis that it should have first complied with the order member of the Chibhanguza Group .Surprisingly after paying the opportunity to stand their ground before seeking relief from the court. of Hotels in April 2004, as a amount, the employer filed an against well-resourced and In its grounds of appeal, the company said the NEC Disciplinary Committee had receptionist .In August of that year appeal thereby being granted a court equipped employers'' employers' erred in ordering the reinstatement of the 26 workers without putting their heads to order dated eleven October 2011 insensitivity towards employees' the merits of the matter. she was promoted to the post of However, when the matter had been set down for hearing, the company filed a Chief Accounts Clerk a position barring any further execution and which creates a situation whereby cases are postponed for delay new set of grounds of appeal without seeking leave from the court, according to Rule which she held until July 2008 when also ordering the reimbursement of 19 (6) of the Labour Court Rules, which provides that no further papers may be she was suspended. money paid. reasons. There is need for lodged without the leave of the court after heads of argument have been lodged with Interestingly, the Hotel Manager The ZHCWU then made a cross employees' to appreciate the role of the registrar. wrote to her on fifteen July 2008 appeal interdicting the development trade unionism as it grants them an The workers had raised three preliminary points before the matter was argued on advising her that she was being but the Labour Court proceeded opportunity to stand their ground merits, the first being that the company had approached the court with dirty hands as suspended following a directive with the case without giving against well-resourced and it had failed to comply with the order against it. from the head office but no clear notification to the employee or equipped employers'' “It was not in dispute that the appellant failed to comply with the order granted union on the twenty third of October Also speaking to The Worker, by the National Employment Council Appeals Committee. The order was not set allegations were leveled. Upon aside, it remained valid. The appellant indeed had an obligation to comply with the expiry of the suspension the matter 2010 when the ruling ordered that Nkomo noted that, “I appreciate the determination and commitment order. The appellant failed to do so especially in view of the fact that the application was put to conciliation but the the matter be struck off the roll for stay of execution was dismissed,” noted the judge. employer failed to turn up for register way before end of term. exhibited by ZHCWU and hope that The judge upheld the dirty hands principle raised by the workers, saying a numerous meetings in 2009 However, ZHCWU insisted with the they remain on the path of hard litigant with dirty hands could not expect to get the court's protection. thereby prompting the matter to be case until the fifteenth of September work.'’ The employees were represented by the National Engineering Workers Union. this year when a cross examination 2014 DECEMBER/JANUARY 2015, The Worker Page 7 Bonus dodges workers as economic meltdown bites

BY FRANCISCA SIBANDA likely to be less and less Jonasis or - CHAMUNOKARA happy shoppers. No 'Wapenga nayo bonus' blasting away, but rather y this time on any other 'Asina mali' by Edwin Hama. Long good year in Zimbabwe, weary faces go to and fro in sadness Btypically Patrick and frustration. Every corner you Mukwambas' 'Wapenga nayo turn the conversations are filled bonus' hit track would be blasting with lamentations and complains away all stereos in the Harare about the hard economic times. CBD shops. Shoppers would be Streets are filled with vendors going mad and enjoying the thrown out of employment by reward of their good unfavourable investment policies performance. which triggered company closures. 'Wapenga nayo bonus' the hit With about 85 percent of the song is about Jonasi, a wasteful working population in the now man who has just received his bonus employed informal sector it means [It is traditional in Zimbabwe that the 13th cheque is now enjoyed by the November salary is doubled very few. regardless of performance]. The The civil service will award its song contrasts Jonas's prodigality employees their bonuses but the and extravagance with the hymn is not the same with the thoughtfulness and prudence of private sector employees whose other people who spend theirs on companies have been struggling to family and good friends. As one can meet their salary obligations. imagine, this song is always popular Amongst other companies around December naturally. Zimpapers has already announced Men would drink irresponsibly that there will be no bonuses to its whilst women overspent on luxuries employees, it is also retrenching Strikes have been the order of the year with workers demanding better remuneration but employers and 'sweet nothings'. This is a some of its workers soon. The have not been forthcoming traditional way hard working management also announced that Zimbabweans steamed off at the benefits such as medical aid and end of each year. Logical men and subsidised lunches will be stopped will get the traditional bonus and the “Inguva yewaitarisira kukavha climax, something or someone will women would be throwing their with immediate effect. rest know for sure there are no twunhu twawaishuwira gore rese have to give to make room for budgets out the window, letting Prosper Chitambara senior bonuses let alone jobs to come back ini sababa vane mhuri so”, change in our nation. their guards down and buying as economist for Labour and to next year. lamented Baba Taro. Which Year 2014 has seen so many they wished and desired. It is the Economic Development Research What 'Bonus' means to an translates it's the time to do all the companies either downsizing or time of the year workers forgot all Institute of Zimbabwe asserts that; ordinary 39 year old mechanic Baba things you always wanted to do for closing. The ones that are open are their financial constraints and did “Companies are now resorting to Taro from Machipisa is that, It is the your family as the head of a home. struggling to barely survive, they that very thing they couldn't afford under employing workers. An time of the year his wife would buy The ordinary worker perseveres are not even certain they will open to do any other time of the year. employee would stay at a job where new furniture goods for the house, all year through with vigour and again next year. The atmosphere would come to they are being underpaid for their his 3 kids would get new clothes, expectation that at the end of the The most affected sectors are the life right about this time of the year. position even with no benefits these clothes are meant to take them year he will settle some debts here Furniture, Textiles, Clothing, Streets and pavements would be simply because it is better than through all of next year until its and there and at least be engineering, Construction and congested, very long queues at the being unemployed or being in the bonus time once again. His happy extravagant, well at least for a while banking, which has seen several tills, traffic jams on every corner as informal sector. Even if the family could even afford to go to before the January disease hits them companies being liquidated this the city centre is packed with employee leaves their post would their rural homestead in Gokwe and hard. With no bonus to look forward year alone. delighted shoppers and shops be immediately filled because of the spend the Christmas holiday there. to, workers are crying even harder This year also so saw workers closing very late into the night to large pull of unemployment”. They could even take with them than the previous year. taking to the streets as a result of cater for the demand. This time of He said employees had become luxurious groceries including seed The rise in price of fertiliser and inadequate wages for example the the year is the busiest with the so desperate to settle for less than and fertiliser for his old parents at seed made the sting deeper. The junior doctors, Mashonaland commercial markets reaching their they deserve to the advantage of the their rural home. bonus money is needed as it is used Tobacco Company (MTC) workers, peak in this festive season. companies which cannot even Baba Taro says the management by workers to buy seed and fertiliser National Railways of Zimbabwe The reason behind all the afford their adequate salary in any told them times are hard they can for either the rural folk or for their (NRZ) and Zimbabwe Banks and enthusiasm and superfluous afford to give each employee 33 own farms. Allied Workers Union (ZIBAWU) th case. spending is the traditional 13 The Worker carried out a random percent of the salary as bonus as The general consensus is that unlike no other year since the cheque that all Zimbabwean survey on the workers in and around opposed to the traditional 13th change is inevitable. The economic dollarization evades. workers are accustomed to. Harare. Most of them doubt they check. crunch might be reaching its NoUnfortunately this year respite there is to job losses

From page 1 independence accounted for only come up with the transition from in the manufacturing sector which retrench 464 employees, Lonrho titled “The Nexus Between 20 percent of the labour force of informality to formality so that results in locally produced goods Fresh Exports (125), Willwovale Growth, Employment and Poverty one million persons. people enjoy the benefits of work.” becoming more expensive Mazda Motor Industries (101) and in Zimbabwe: the Economics of “We are moving from high He said in the case of Zimbabwe compared to cheap imports. Mimosa (64). Should all these Employment Creation,” has shown productive sectors such as structural regression has been Critics blame government companies get the board's go- that Zimbabwe is regressing in manufacturing to low productive experienced as de-industrialisation policies, such as his seizure of ahead, 750 more workers would be achieving the goals of employment sectors, but under normal and informalisation of the white-owned farms to resettle thrown onto the streets. due to de-industrialisation and the circumstances one should move economy accelerated adding that blacks, as well the indigenisation Troubled parastatal National informalisation of the economy. from low to high productive not only did the quantum of policy which seeks to give locals Railways of Zimbabwe had LEDRIZ director Godfrey sectors. More of our workers have employment decline, but also its control of all major companies, applied to retrench 6 000 workers, Kanyenze said Zimbabwe had not moved to unsustainable work quality. especially mines, company but later withdrew the application, been able to resolve the dual and situation 84 percent of our Analysts say the country's closures and lack of investment. the sources said. enclave nature of the economy employment is now in the informal deteriorating unemployment is due Several companies are still inherited at independence where sector which is regression. We have to lack of fresh investment coming waiting for approval to lay off their the burden of creating employment a huge task that people need to into the economy and the workers, sources said these include lay in the formal sector, which at enjoy the right to work. We must utilisation of outdated machinery Crest Poultry Group that wants to Page 8 The Worker, DECEMBE2014/JANUARYNOVEMBER 2015 Chinese company to pay Workers in nasty fight with liquidator BY MUSA MAKINA in BULAWAYO ORKERS at Bulawayo based Tabs Avon Lighting have $106 000-00 in salary arrears approached the Bulawayo High Court seeking an order to Wget rid of company liquidator Thabani Siziba following a prolonged wage dispute coupled with allegations of gross assets who in his defence argued that they BYJAMES MUTASA per the collective agreement for Ferro mismanagement. had mistakenly paid their employees Alloy Industry dated 30 August 2013. The workers at the light manufacturing firm workers were represented n arbitrator, Matthias wage rates for the Mining Industry The total amount payable to 69 by the workers' committee chairperson, Jairos Moyo. Ruziwa has ordered the instead of the Ferro Alloy Industry. claimants is $106 693.00” ordered Siziba and the High Court assistant master were cited as first and second Gweru based, Chinese Phiri further submitted that the arbitrator Ruziwa. A respondents respectively. owned Ferro Alloy Smelter Chinese owned Ferro Alloy Smelting General Secretary of the National Tabs Avon Lighting which was initially under judicial management, was Company Nelson Holdings Private Company had applied for exemption Union of Metal and Allied Industry in Limited to pay its 69 workers a to the NEC for the Ferro Alloy Zimbabwe (NUMAIZ) Henry subsequently liquidated in September last year following an application by total sum of $106 693, 00 which has Industry seeking to be exempted from Tarumbira said the union had taken its creditors. accumulated as a result of paying the minimum wages which stern measures to make sure that The liquidated firm owes its workers $129, 743 in outstanding wages underpayments of salaries for the workers were alleging shortfalls. workers were paid as per the arbitral and gratuities dating from July 2010 to June 2013. period covering January 2013 to Phiri also produced a letter award. In his founding affidavit, Moyo is accusing the liquidator of September 2014. written by a Janet Beeks an “It is our duty to see to it that relinquishing her duties and responsibilities by accruing the company's new After several unfruitful works Accountant with Nelson Holdings workers rights are protected and we debts in form of unpaid wages and mismanagement of assets. council meetings over the issue of attached with applications for have since taken uncompromising “Further the liquidator has failed to provide clear and transparent underpayments of salaries Nelson exemption documents as evidence to steps in ensuring that the employer financial reports or respond to requests by workers' committee who are Holdings workers took their the arbitrator. abide by the arbitral award,” creditors of the company. The first respondent (liquidator) has been selling employer to court. Part of Beeks' letter to arbitrator Tarumbira said. company assets and she has failed to neither pay creditors reasonable In their submissions the Ruziwa reads, “I can assure you we “The Ferro Alloy Industry has amounts nor give an account of how she has used the proceeds,” said Moyo. disgruntled employees claimed that are taking this matter seriously and been infiltrated by the Chinese Moyo added: “The first respondent has failed to execute her duties they were all paid a monthly basic we doing everything we can to investors. Chinese investors are best competently as a liquidator as she has been very hostile to any enquiries salary of $193 which was even resolve the issue. However we would known for abusing workers and made on the status of the company.” below the stipulated minimum wage like to wait for the response from ignoring what the Labour Act and The workers also said Siziba had contravened sections 221 and 222 of of Ferro Alloys Industry which is NEC before we can make payments.” other labour statues says. As a union the Companies Act by failing to convene a meeting with creditors to give a currently pegged at $220. In coming up with his judgment we are not going to sit back and watch financial statement of accounts of the company and an audit of its assets and The workers further argued that arbitrator Ruziwa said that the our members being mistreated. liabilities. they were clustered in one grade arbitral court was taken for granted NUMAIZ will fight for the rights of “The first respondent (liquidator) had no distribution plan or account which was the lowest grade in the wherefore Respondent (Nelson workers,” Tarumbira added. approved by the creditors or the assistant master of High Court,” he said. National Employment Council for Holdings (Pvt) Ltd ) showed some Meanwhile company has once Furthermore, the workers sought an order that directs Siziba to submit a the Ferro Alloy Industry despite the degree of arrogance by submitting more showed a degree of arrogance report and income and expenditure account for all movable assets and fact that the industry provides for a documents showing its decision to by constructively dismissing the inventory of assets. classification of employment grades. apply to the NEC for exemption after workers committee chairman As if that is not enough, the disgruntled workers appealed for Siziba to be The workers who were the arbitral hearing that was Musengi Manyanye accusing him of th replaced by Bongani Ndlovu of Chelmsford Executors as liquidator. represented by Michael Muchemwa conducted on 5 August 2014. inciting other workers in pursuing “We propose substitution of Siziba of Waterbuck Trust with a more also highlighted that the labour act “Having taken into full account and later suing their employer over qualified independent and competent person for the benefit of all stipulates that no employer shall pay the facts and evidence placed before the issue of underpayments. shareholders and creditors being Bongani Ndlovu of Chelmsford Executors. any employee a wage which is lower me by the parties, it is hereby Manyanye' matter has since been He is a renowned and experienced liquidator who satisfies all the than that to fair labour specified for determined and awarded that referred for arbitration where he is requirements of the Companies Act, and his company has huge capacity to such employee by law or agreement. claimants should be paid NEC being represented Muchemwa. execute this important role,” the workers said. Nelson Holdings was represented minimum wages for the period by one Darryl Phiri a plant supervisor January 2013 to September 2014 as NUMAIZ trains over 330 shopstewards Merlin appeals against BY JAMES MUTASA members. A feat which he said was done and proven to be possible by the judicial management ore than 300 members of Gweru branch which had recruited National Union of Metal more than 500 members. BY MUSA MAKINA in BULAWAYO Mand Allied Industry in “The trained shop stewards are Zimbabwe were educated and doing wonders in representing fellow EXTILE giant Merlin has approached the Supreme Court of trained as shop stewards from employees at their workplace, we are Appeal in a bid to overturn a High Court ruling that discharged January 2014 to October 2014, it has in receipt of several favourable works Tthe company from provisional judicial management leaving it emerged. council agreements because of those at the mercy of litigation by its creditors. This was revealed by Anthony trainings” Nyashanu said. The Bulawayo based textile manufacturing company which requires Nyashanu the President of NUMAIZ According to Nyashanu, about $14 million to fully recapitalise its operations owes several of its at their annual evaluation workshop NUMAIZ is also experiencing some creditors more than $4 million. which was held at Mutirikwi' challenges which include membership Zimbabwe Textile Workers Union was forced to use the legal route after Lakeshore lodges on the 19 and 20 of reduction which is caused by company realising that the company had fallen on hard times and was incapable of November 2014. closure and retrenchments. managing its affairs. The President thanked IF Metal for The shop stewards training The union applied for and obtained, a provisional order which saw their unwavering financial support programmes focused on the following Merlin which used to be one of the biggest textile companies in the country issues: trade union background, which they are rendering to NUMAIZ. being placed under provisional judicial management on December 8, 2011. leadership skills, meeting procedure, “We thank our corporate partners membership recruitment, grievance IF Metall of Sweden who are making On the noting of appeal to the Supreme Court of Appeal, suspends the handling and labour legislature. our programmes achievable. ZCTU is ruling of the High Court until a new ruling by a higher court is passed. Addressing delegates at the playing a pivotal role in making this “Take notice that the appellant hereby notes an appeal against the entire judgment of the High Court of Zimbabwe sitting at Bulawayo in case evaluation workshop Nyashanu said, merger project viable.” ANTHONY NYASHANU “The idea of coming together is to However Nyashanu bemoaned number HC 2353/11,” said the provisional judicial manager of Merlin, build this Union which is growing lack of women participation in trade and programmes,” Katisko said. Cecil Madondo. stronger by each passing day, for the union activities and pointed out that of Speaking on the sidelines of the He said High Court ruling failed to appreciate the fact that the functions future. the trained 333 shop stewards only 58 Annual Evaluation Workshop the of the provisional judicial manager were limited and were more of “From January 2014 to October members were females while 275 ZCTU National Organiser Michael caretaker role, governed by Section 303 of the Companies Act. 2014 we have managed to educate and trained activities were males. Kandukutu, who is also the moderator “In this regard the court failed to appreciate that it was not possible for train 333 shop stewards who are now He encouraged delegates at the of NUMAIZ, paid tribute to the the Appellant who was acting in the position of provisional judicial delegates. the driving force behind the recently annual evaluation workshop who manager to attract investors before he was confirmed as the final judicial merged union. The trained shop include branch chairpersons and heads “I am impressed by the sense of belonging displayed by NUMAIZ, the manager of the company”. stewards are spread around our nine of sector to include and encourage “The learned Judge of the High Court erred and misdirected himself on women participation on trade union delegates are now behaving as one branches which are Bulawayo, a point of law in failing to appreciate the object behind the provisions of Chiredzi, Gweru, Harare, Kadoma activities and programmes. entity. With what l saw and heard it is “Women have the ability and now absolutely impossible to believe Section 306 (m) of the Companies Act and the types of relief that the court is Kwekwe, Masvingo, Mutare and empowered to grant.” Redcliff, this therefore shows that capacity to make this union a shining that barely 18 months ago these were NUMAIZ is now visible all over beacon therefore let us advocate for two different unions with different “Consequently, the High Court discharged the provisional order of Zimbabwe,” he said their maximum participation in our backgrounds and have become one. judicial management and left the company exposed to execution of “To be a leading metal union in activities,” Nyashanu said. “Indeed NUMAIZ is moving in the judgments and litigation at the instance of the company's various Zimbabwe and beyond was and still Rickard Katisko, the ombudsman right direction, and as such there is no creditors. The company could have been placed under liquidation if the remains one of our main objectives,” of IF Metall delivered a solidarity need for us to stop preaching the court was satisfied that there were no good prospects of turning around its Nyashanu added message in which he assured gospel of mergers in line with the fortunes,” he added. Nyashanu also said that what continued support from the ZCTU congress resolution of 2006 Madondo added that the High Court failed to take cognisance of the makes the union big and strong is its international metal workers union which was again adopted in 2011,” provisions of Section 57 and 58 of the Insolvency Act as read together with ability in recruiting new members and which is the cooperate partner of Kandukutu said. Section 220 of the Companies Act, in respect of proving of claims by it was critically important for every NUMAIZ. creditors. member of the union to play a part in “We want to see NUMAIZ recruiting and organising new continue implementing its activities 2014 DECEMBER/JANUARY 2015, The Worker Page 9 ESWUZ geared to transform energy sector unionism

The Energy Sector Workers Union of Zimbabwe (ESWUZ) came into existence a few GM: We have the advisory council, those that worked in the energy sector and have experience months ago, registered with the ZCTU in August and has already recruited more than about the industry, then the national executive 2000 members. Regardless of the challenges they are facing with the National committee, branches, trade union committees that Employment Council (NEC), they have vowed to end up being recognised for the sake resort with section 23 of the Labour Act then lastly of their members. The Worker's Jackie Mbayiwa-Makuvatsine (JMM) caught up with the standing committee which will be panel beaten at the congress. ESWUZ General Secretary, Gibson Mushunje (GM) and below are snippets of the JMM: Any challenges you are facing so far? interview. GM: We are not allowed to meet our members during working ours by certain companies whilst other unions are being allowed. Remittance ring of leader are clear in the constitution. We have a union dues especially from the Zimbabwe Power members aligned draft constitution and we are in Company (ZPC) is a problem. Members are being the process of setting up committees, at ZETDC forced to remain in dual membership despite and Petrozim we already have committees. resignation from other unions. Two other unions JMM: When is your first congress? have ganged up to frustrate our movements. There GM: We have no dates as yet because of is partiality by the NEC with those two unions challenges in the industry at the moment. being favoured, they are arming the two unions to JMM: What is the minimum wage in your go and short change and back bite us. They forget industry? that we are legally bonafide members of the NEC. GM: We are going to find our space in the NEC JMM: Any achievements so far? and make a change. At the NEC the lowest paid GM: We have had hearings throughout the worker is getting over $2 000 and the general country and we have never left anyone lying dead. secretary gets over a lot of money and the unions We have resuscitated are quiet about it. There is no the labour movement in transparency but we are going to right the energy sector which for it with time. had been on life support JMM: Why did you choose to join the for many years. We ZCTU? have involved members GM: The ZCTU is the only recognised in issues that directly labour union in Zimbabwe by the affect them, something International Labour Organisation that has not been (ILO). The Zimbabwe Energy Workers happening all along. Union, (ZEWU) decided to leave ZCTU Management and at the last congress because they are unions could not sit and talk but we have restored power hungry. We are therefore re-joining ZCTU; that. we came back where we belong because as energy JMM: Do you have any burning issues you workers, we were there before. want to talk about? JMM: What do you expect to gain from the GM: We want to establish our own medical aid ZCTU? and our own funeral fund, it is not a dream, and the GM: A month after registering with the mother Harare Municipality Workers Union for example body, we have received training of our members at has done it, so shall we. We would also want to Gibson Mushunje the shop floor in Gwanda and Karoi, we know the restore sanity at pension's fund where our pensions program is on-going. We also expect to receive are not being remitted. We are going to reach training of our leadership and all the other benefits JMM: What is ESWUZ? short space of time because we are a unique union. everyone to restore this. GM: It is a union for energy sector workers which JMM: What makes you unique from other that affiliate unions are getting from them. was formed on 14 March this year after the energy unions that existed before you? JMM: What is the structure of your union? realisation that the existing unions were taking GM: Our uniqueness is that we are workplace workers for granted. based and that makes us different from other Gender desk reviews sexual harassment campaign JMM: So where do you draw your membership unions. Our leadership is hands on and we do not BY STAFF REPORTER workplace. These shortcomings were also glaring from? take workers' issues for granted. The unions had in most collective bargaining agreements for most he Zimbabwe Congress of Trade GM: Members are from Zimbabwe Electricity sectors which are silent on how to handle issues of become clients to management and we are Unions (ZCTU) Women and Gender sexual harassment. Supply Authority (ZESA) and its holding different from that. We have brought unionism department is evaluating the sexual T “We have just concluded the campaign and we harassment campaign conducted last year as companies, Zimbabwe Electricity Transmission back to the shop floor as the General Secretary for are moving forward creating awareness on the well creating awareness to structures on the Development Company (ZETDC), Powertel and constitutional provisions that protects people from example is the one who always went for constitutional provisions of gender, sexual violence of any form. The constitution is rich in ZENT. We have also reached out to Rural workshops and trainings. We are being guided by harassment and gender based violence. provisions that protect people but we need to stand The department is holding regional Electrification Agency (REA), Petrozim line and the previous unions' mistakes to shape us. We also up and demand our rights,” said Magaya. workshops involving regional leaders and NOIC, which came out of NOCZIM. We are in the She said the availability of several commissions allow members to function and perform in order to unions that participated in the sexual that focus on gender issues gave leverage to the process of reaching out to Petrotrade, Zambezi realise their full potential without fear of their harassment campaign. cause of workers in eliminating sexual harassment Fiona Magaya the Women and gender River Authority (ZARA), and China Africa trails being cut at the congress. and violence. coordinator said the evaluation workshops Sunlight Gas which is tasking gas, coal mining and “We have to make use of the commissions such JMM: What benefits do you give to your were meant to find possible ways of enhancing as the gender commission to advance our issues as power generation. Then we are also reaching out to members? the campaigns as sexual harassment and gender workers. From the evaluation members have based violence were still prevalent at the Chisumbanje Green Fuels and ultimately all GM: Total representation, we do not sit on called for the establishment of desks that deal with workplaces. companies that are in the oil sector. such issues at union level as well as to facilitate members' concerns, we have a transparent She said the campaign had revealed with information dissemination to members,” she JMM: How many members do you have? leadership, we are seasoned trade unionists, we are numerous weaknesses on the part of workers on said. sexual harassment. GM: 2 500 plus, we have no exact figures yet since here to fulfil certain administrative functions, we Participants went through an introduction to the “We discovered that workers generally were we were born in March this year, we have managed Decent Work Agenda and its four pillars, have a servant leadership and we will never ignorant of what constituted sexual harassment legislation, collective bargaining and gender and to recruit such a great number of members in such a deviate from our principles. The powers to recall a as well as their fundamental rights at the decent work. Page 10 The Worker, DECEMBER 2014/JANUARY 2015 Parirenyatwa bows to union pressure, Muzembi rules the roost to appoint labour rep in new NAC board ow time flies! It is that time of BY STAFF REPORTER the year again when he minister of Health and HChigumura looks at the Child Care David performance of our Ministers through TParirenyatwa who last month the year and award them marks. appointed a new National Aids Unfortunately, for this year, I will not Council (NAC) board without a bother to rate ministries such as so labour representative has bowed to called Senior Ministers in the pressure and has asked for names of President's office or Provincial possible candidates for appointment. Parirenyatwa drew the wrath of the Ministers (or is it Resident Ministers?). Zimbabwe Congress of trade Unions Also not included is the Minister of (ZCTU) last month when he appointed Psychomotor. From the onset these the NAC board without a representative are just a waste of tax payers' money from labour. as these ministries were created to The minister has since written to Min of Health David Parirenyatwa find jobs for cronies. In fact, if you visit the ZCTU and the Zimbabwe Federation of Trade Unions asking the the government website, the NAC ACT Chapter 15:14 section 5 two labour bodies to submit three http://www.zim.gov.zw/index.php/ subsection 2(e) which states that the names apiece from which he will ministries these ministries are not Board shall consist of not fewer than choose an individual to represent seven nor more than ten other members even listed. It means we can live labour in the board. appointed by the President, subject to without them. The Ministers are rated “Reference is made to your letter of th subsection (4),to represent the interests from 0 to 10. Zero being the lowest the 6 of November 2014 where you of Health Care providers, women, and 10 the highest. Here I go… indicated that trade unions are not youths, religious groups, organizations 1. President Robert Gabriel Mugabe: It represented in the NAC new Board. that protect the interests of persons Selection to the board for a is a circus that we still have a President infected with HIV and AIDS, Industry, representative of trade unions has not who is 90 years old. He should just quit. Commerce, information and media and been made. I am therefore requesting Marks: 3 trade unions,” said Moyo. your office to submit three names of 2. Vice President Joice Mujuru: Can He reminded the minister that potential candidates for this board. I labour contributes 80 percent of the anyone remember what she has done may thereafter select one name for resources to NAC through the AIDS this year? Marks: 2 appointment,” said Parirenyatwa in his levy. 3 . Minister of Agriculture, letter to the ZCTU Secretary General , “Leaving them out is not fair and Mechanisation and Irrigation Joseph Japhet Moyo. are calling your upon your Office to Moyo had earlier written to the Made: He is a disaster, whatever he reconsider. HIV and AIDS is trade minister raising an anomaly in the touches turns rusty. He will go into the union issue and our exclusion as Labour appointment of the new board. history books as someone who is difficult to comprehend,” he said. decimated agriculture. Marks: 2 “We kindly draw to your attention that Trade Unions in accordance with 4. Minister of Defence Sydney Sekeramayi: a quiet fellow with the Walter Mzembi country so peaceful, he has nothing to Marondera shopstewards trained do. But I hear standards have a hard worker but the environment is deteriorated in camps. There is also no BY KIMION TAGWIREI Eastern regional officer, explained not conducive. Marks: 4 need to keep a huge army, Zimbabwe is grins. Marks: 2 different roles played by women and 20. Minister of Tourism and hospitality he ZCTU has trained trade under no threat. Marks:3 12. Minister of Information, men, facilitated group discussions industry Walter Muzembi. A hard union shop-stewards at 5. Minister of environment, Water and Communication Technology, Postal on problems faced by men and working Minister who is very visible. Women's University in Climate Change Saviour Kasukuwere: and Courier Services Webster Shamu. T women at workplaces and in society. Marks: 6 Marondera, to capacitate trade He also trained shop stewards on He has let his Chinese friends built He looks lost and does not know what 21. Minister of sports, Arts and Culture union shop stewards to train and effective collective bargaining factories and shops in vleis and other he should be doing. Marks: 1 13. Minister of Justice, Legal and Andrew Langa. He has done nothing represent workers effectively at emphasising on the need for trade protected areas destroying the workplaces around Mashonaland Parliamentary Affairs Emerson for sport, culture and even arts. Marks: union shop stewards and workers to environment. He is doing the opposite East. Mnangangwa. He has failed to align 2 protect and improve socio-economic of what he should do. Marks: 3 20 trade union shop stewards laws to the new constitution and he 22. Minister of Transport and interests of union members. 6. Minister of Energy and Power attended the training workshop from Infrastructure Development Obert Tenson Muchefa emphasised Development Dzikamai Mavaire: No appears in no hurry. Marks:3 various trade unions around M p o f u . There has been an that trade unionists must raise living comment. Marks: 0 14. Minister of Media, Information and Marondera. The shopstewards were . improvement in the national roads as standards, give self-respect and 7. Minister of Finance and Economic Broadcasting Services Jonathan Moyo trained on the roles of trade union they are being repaired. However, if confidence to workers as individuals Development Patrick Chinamasa. He has maintained a grip on the public shop stewards, organising, education broadcaster making sure it toes the you look at Air Zimbabwe and the and build strong unions that are Sometimes you feel sorry for him. He is and representation of workers conscious of their responsibilities. Mnangagwa faction. We are all still National Railways of Zimbabwe, you supposed to look for money that is not whenever need arise. The workshop, came up with the waiting for will realise that he is a disaster. He there. When life becomes North Eastern regional officer, district's work plan and participants increased toll gate fees without tough, he points to t h e Tecla Masamba also taught about described initiative to train trade consultation and promised to erect 28 sanctions. He is better commission good leadership skills, effective union shop stewards as a great step more! He is arrogant and thinks that doing legal things than CHIGUMURA of inquiry communication and grievance that will make affiliated unions because he is super rich, he can do looking after the purse. into media handling. She also touched on effective and vibrant. whatever he wants. Marks: 2 There is no economy to ( I M P I ) gender issues in the world of work. 23. Minister of Women's Affairs, talk about, in fact he has findings as Gender and Community Development admitted that thousands well as the Oppah Muchiguri. I do not know what ZCTU hold workshop for NECs on Decent Work of companies have closed opening up she did this year except moving around while thousands of people o f t h e BY STAFF REPORTER with Grace! Marks: 2 have been retrenched. airwaves for Marks: 3 both radio 24. Minister of Youths, Indegenisation OR the first time in the history of the trade union movement, the Zimbabwe Congress of Trade Unions (ZCTU) last month held a 8. Minister of Foreign a n dand Economic Empowerment Francis television. Marks: 3 workshop for National Employment Council (NEC) Affairs Simbarashe Mumbengegwi: Nhema. A voice of reason in the F stakeholders. one of the many useless Ministers. 15. Minister of Local Government government but working with wrong The workshop on Decent Work, which was held at Macheke Lodges and Some are trying to give credit to him Public Works and National Housing Ignatus Chombo. He likes running local people in the wrong ministry. Marks: 4 Conference Centre, was attended by Designated Agents, General Secretaries for the removal of sactions by the EU, and union negotiators. but I differ. Removal of sanctions by the governments like his personal property 25. Minister of Home Affairs Kembo and anyone who steps on his toes faces Officially opening the workshop, the ZCTU first deputy secretary- west was more of economic Mohadi. I do not know what president the firing squad. He has done more general applauded the ZCTU for coming up with such a workshop that was a considerations on their part rather Mugabe sees in this chap. The police first of its kind and urged participants to use the information to enhance their than efforts by Mumbengegwi. Marks: harm than good. Marks:2 16. Minister of Mines and force are a law unto themselves; the work at NEC. 3 The workshop was also graced by the Acting ILO Country director who 9. Minister of Health and Child Care mining Development Wa l te r passport office is in shambles….the list Chidhakwa. He is useless Marks: 1 expressed her gratitude to the ZCTU for organising such a workshop. She David Parerenyatwa: The health is endless. Marks:3 17. Minister of Primary and Secondary said that decent work is now at the core of the International Labour sector is in a comatose state while he 26. Ministry of Public Service, Labour Organisation (ILO) work as it sums up the aspiration of the people. acts like a cartoon character. Marks: 2 Education Lazarous Dokora. Silly, and Social Welfare Nicholas Goche. Participants went through an introduction to the Decent Work Agenda 10. Minister of Higher and Tertiary archaic and unreasonable. He has destroyed the education sector with and its four pillars, legislation, collective bargaining, decent work and the Education, Science and Technology Dangerously aloof he has done nothing gender perspective as well as the Zimbabwe Decent Work country stupid directives. Simply put, he is not Development Olivia Muchena. Just for the workers. The only time when he Programme. supposed to be in this ministry. Marks: look at the University of Zimbabwe, it The participants were also taken through the agreed TNF principles, 0 was visible was when labour and will tell you what kind of a minister we Labour Law Reform as well as constitutional rights to collective bargaining. 18. Minister of Lands and Rural business agreed on some principles to have. No wonder why our universities At the end of the two day programme, the participants resolved on a are churning out illiterate citizens! Resettlement Douglas Mombeshora. the amendment of labour laws. number of issues among them the need to hold bipartite workshops on decent Marks: 3 There is a resurgence of farm evasion Marks: 4 work and to include decent work in negotiations. under his nose and he seems 11. Minister of Industry and So you have it comrades. This year we The workshop was coordinated by the ZCTU head of Education and powerless. Marks: 3 Commerce Mike Bimha. He has turned were led by a bunch of failures. We are Training, Miriam Chikamba, with facilitators coming from the ZCTU Legal factories into Chinese warehouses. 19. Minister of Small and Medium and Women and Gender departments as well as researchers from Labour a cursed nation and I am out of here! Bulawayo is now a ghost town while he Enterprise and Cooperative Economic Development Research Institute of Zimbabwe (LEDRIZ). Development Sithembiso Nyoni. She is 2014 DECEMBER/JANUARY 2015, The Worker Regional & International News Page 11 Women call for Qatar migrant workers get global union support quotas at hey are being exploited as cheap labour IndustriALL under slave-like conditions and are Tforbidden by law to join a union. omen at IndustriALL Today the Svenska Dagbladet can reveal that the Global Union's Sub- migrant workers building venues for the World Cup in WSaharan Africa regional Qatar will for the first time be given the opportunity to women's conference have called for be belong to a union. a 40 per cent quota for women's The construction-boom for the 2022 World Cup in representation at all levels of the Qatar has resulted in several hundred thousand organization, following a decision on migrant workers from poor countries being recruited 14 October 2014 in Pretoria, South to Qatar. Some of the workers Svenska Dagbladet Africa. spoke to have not been paid the wage they were IndustriALL's general secretary promised and have had their passports confiscated. Jyrki Raina told the conference: The construction-boom for the 2022 World Cup in "Women and men take decisions better Qatar has resulted in several hundred thousand than men alone." migrant workers from poor countries being recruited This quota must, however, only be to Qatar. Some of the workers Svenska Dagbladet seen as one measure on the way toward spoke to have not been paid the wage they were achieving gender parity. The promised and have had their passports confiscated. conference adopted a resolution which Johan Lindholm, chairman of the Swedish in addition to the call for the 40 per cent Building Workers' Union, returns to Qatar to see with quota, mentions health and safety, his own eyes what has happened since his visit more precarious work, maternity protection, than a year ago. He sees no improvement. women's leadership, and HIV and The plight of the migrants workers in Qatar has AIDS. made the global union Building and Wood Workers' Despite a booming economy in International (BWI) take action. During its board Africa, women still face difficulties in meeting in Geneva last week the organisation made a the workplace. Closing the gender gap policy decision to work out a proposal for how people would reduce hunger and poverty. The working in countries where unions are banned could The construction-boom for the 2022 World Cup in Qatar has resulted in several hundred thousand conference took place against the be offered membership in the BWI. migrant workers from poor countries being recruited to Qatar. Some of the workers Svenska Dagbladet backdrop of the Ebola epidemic - as Through direct affiliation to the world spoke to have not been paid the wage they were promised and have had their passports confiscated. always women are the most affected by organisation the BWI is trying to get around the Qatari Foto: YVONNE ÅSELL/SVD. law that forbids 94 per cent of the country's labour the health scourges. force to join a union. The government has ruled that At the opening, the conference employer. access to the list. welcomed Senzeni Zokwana, ex-Vice- only Qatari citizens can be members of a union. One of the men in the restaurant takes out a bundle In February this year, after pressure from the Svenska Dagbladet was present a couple of weeks Pesident of IndustriALL who is now of receipts from his pocket explaining that the international community, the organisational the Minister of Agriculture, Forests ago as representatives of the BWI visited the wealthy employer forces his employees to buy all their food in committee of the World Cup put forward an action and Fisheries of South Africa. He Gulf state and the issue of organised labour was being the company canteen. The prices are high and a big programme. In it standards are set for wages and living stressed the need to create jobs in the discussed in public for the first time. part of the salary is spent there. It would have been conditions and tougher inspections of the workplaces face of climate change and fluctuating Johan Lindholm, chairman of the Swedish only half as expensive had they been allowed to do are envisaged. Contractors who do not follow the rules Building Workers' Union was the first speaker when their own cooking and more money would have been will be punished and lose their contract, according to markets. Africa must process her own migrant workers met in secret in a restaurant in Doha, sent back to their families in their home countries. the programme. products instead of exporting the capital of Qatar. Another man says that he has not received any However, the builders that Svenska Dagbladet everything, according to Lydia “There are 1,5 million of you. They need you. You salary for the past six months and that the company has was talking to have not seen any improvements. To Nkopane from the National Union of are building their nation and you will be the ones not renewed his ID-card which means that he can be most migrant workers it is impossible to start a process Miners (NUM), who said, "We export building the Football World Cup in 2022. You should deported any day. He is impoverished and in debt and on one's own against an employer since it requires a raw materials and still live in poverty." have rights!” does not know what to do. lawyer and a large sum of money. Participants had a presentation on The union leaders went to the meeting place in None of those we speak to have yet complained When Svenska Dagbladet was present the the challenges facing women and small groups so as not to attract any attention. The with their employers or contacted the authorities. But representatives for BWI were discussing direct unions in the region. Among them are room at the back of the restaurant filled quickly with the man with the receipts says that he has had enough. affiliation to the the global organisation. Among other violence against women, the informal migrant workers from Bangladesh, India, Nepal and He wants to take action even though it might cost him things there is an ambition to create local networks to economy, HIV and AIDS, and other countries. They have come here on the only free dearly. which migrant workers can turn for help and support. maternity protection. day in the week to hear what the people from BWI “I may get in trouble, but there are 16,000 workers There is a wish to open an office and to offer legal help. In Sub-Saharan Africa the informal have to say. in the company I work for who can have it better. I'll do Last Friday therefore a working group was set up to economy makes up 66 per cent of non- A lawyer was also present informing about the it. I'm not afraid,” he says. look at the framework for a future union membership. agricultural employment. Seventy- rights in a country with a system called “kafala” which Ambet Yuson, Secretary General of BWI tells the Sweden's Johan Lindholm is a member of the group. four per cent of women and 61 per cent human rights groups and unions have described as man that it is difficult to bring about change when one The group will present their findings a the meeting of men are informally employed. This serfdom and a form of modern slavery. The system is is alone. Many people must join together and demand of the World Board of the BWI in Sweden in May next work is marked by extremely based on the employer being a host and sponsor for the their rights. That is how unions operate, he explains. year. A formal decesion will then be reached. precarious working conditions, health migrant workers. The carpenters and the painters we Yuson is offering help, a lawyer who can take the “We want to send the international football and safety hazards and the talk to during the clandestine meeting in Doha say that matter to court but in return he asks for a list with association FIFA a signal telling them that we will involvement of families and children. they have rendered their passports when they arrived signatures from more builders. He promises never stop working on this issue. We have put the Women's needs must be addressed in a in Qatar. They are not allowed to change jobs and they anonymity and assures that no outsider will be given shovel in the sands of Qatar and we will see to that particular way. Here again it is a cannot go home without the permission of the things start happening, says Johan Lindholm question of organizing women around their concerns. One of the concerns in mining communities for example is TREASURERS’ TRAINING IN HANDLING TRADE UNION FINANCES HIV and AIDS. In Sub-Saharan Africa women are infected by HIV at least five to seven years earlier than men; young women are twice as likely as young men to be living with HIV. As girls are beginning to protect themselves, the rate of new infections is declining. However, these gains are fragile and must be sustained. It would help if more countries ratified ILO Convention 183 on maternity protection. Up to now it has only been ratified by Benin, Burkina Faso and Mali in the region. Collective agreements could make improvements to women's lives if unions negotiated on something other than wages. Unfortunately maternity and women's issues are usually the first to be compromised. The NUM highlighted the safety hazards of women working underground. Unfortunately there is still a hostility towards women and their demands. In the past few years the worst form of gender-based violence was perpetrated underground, namely murder. The only thing the Department of Mineral Resource did was to issue an instruction that "no women must work alone underground " but that does not compensate any loss of life. The unions have to have this as a priority and regulate it and compensate it. Participants at a treasurers’ workshop on handling trade union finances in Masvingo. The course covered interpretation of accounts, At the regional conference, held over the following two days, women orientation on trade union organisation as well as an update of the ZCTU Subscriptions registers. The treasures pledged to work towards ensuring made up 35 per cent of participants. that affiliation subscription were prioritised on the union debtors as well as to discuss the sustainability of the national centre in their respective national executive meetings Page 12 The Worker, DECEMBER 2014/JANUARY 2015

2014 DECEMBER/JANUARY 2015, The Worker Page 13 Making the 2015 National Budget Pro-Poor and Inclusive

he national budget Consequently, many of the returns to growth accrue primarily to those should be seen as a plan with high human capital (although Tof revenue and there may be some 'trickle-down' expenditure in a given period of effects to the less-skilled over time that provides for the time). development priorities of a Heavy investment in the country. Given the current global human capital of the poor will yield two benefits on poverty reduction. economic crisis the need to craft a It will increase economic growth growth oriented and pro-poor and it will make growth more pro- budget framework cannot be poor. In the High Performing Asian over emphasised if Zimbabwe is economies, high human capital to sustain the current recovery accumulation spurred economic growth and poverty reduction. momentum. In Zimbabwe like in most The scenario requires that developing countries, the vast government implements broad majority of the poor are in rural based policies that foster to areas, a majority depend directly or mitigate or minimize the costs of indirectly on agriculture for their the global financial crisis on the livelihood, and the factor of vulnerable and marginalized production the poor possess and use sections of society. Under the most is labour, sometimes land, and circumstances a pro-poor and even more rarely human capital. gender-sensitive national budget Thus, pro-poor growth must be framework which places emphasis focused on rural areas, improve on labour intensive strategies to incomes in agriculture, and must Finance Minister Patrick Chinamasa absorb the large reserve pool of make intensive use of labour. While labour, whilst promoting conceptually quite obvious, they land reform, a condition disproportionately to the following: ·Production incentives, macroeconomic stability to protect are often forgotten and are clearly Zimbabwe can meet; Continuously ·Economic sectors in such as performance bonuses that incomes should be adopted. The not reflected in public policies or in decreasing inequality during the which the poor derive the bulk of are targeted at actual deliveries. budget should therefore aim to the allocation of public funds by economic growth process by their incomes such as agriculture, Since 1991, Zimbabwe has expand the opportunity for the poor national governments or donors. making low skilled jobs readily ·Areas in which they live, largely followed a market-based to alleviate poverty and meet the To achieve a significant available, thus pushing wages such as undeveloped regions. approach to development, with Millennium Development Goals. poverty impact, much greater among the poor; and Pursuit of basic social and economic rights in Given an economic structure ·Factors of production emphasis must be placed upon export led growth path in labor terms of food security, access to that has largely been characterized which they own, such as unskilled improving agricultural intensive manufactures. health care, education, shelter, by a highly unaccounted for labour. productivity. To achieve this, more The sustained growth and transport and basic utilities (mainly informal sector and relatively small ·Outputs which they public investment in agricultural, poverty reduction attained in China electricity and water) becoming but diversified formal sector, future consume, such as food. including basic and applied during the 80s was premised on: market-driven. Because even basic growth must be 'pro-poor' i.e. It is therefore quite apparent research, extension, rural a. A g r i c u l t u r e - l e d rights have been put onto the broad-based and inclusive. This can that a pro – poor growth model infrastructure, irrigation, rural development strategy where market, the majority of be achieved through pursuing a consists primarily of employment credit is urgently needed. Reliance equitable distribution of land was Zimbabweans, who are living in growth path that guarantees the generation under a regime of low on the private sector is unlikely to of significance. poverty, cannot access them. 'integrability' of the poor in the inflation (to put a check on the succeed. Instead, strong b. R a i s i n g p r i c e s o f It is therefore important to economic growth policy prices of goods and services in the government involvement is agricultural produce. return to a basic needs approach (or framework. 'Integrability' refers to consumption basket of the typically c . a rights-based strategy), which the extent to which the poor are able marginalized and vulnerable required, Incentives to begins and ends with people, the to integrate into economic segments of society). combined reward good real object of development. It is processes such that, as growth and To achieve a significant w i t h performance imperative to ensure that there is a employment expand, they can take poverty impact, much greater incentives in agriculture. human-centered approach to advantage of the opportunities that emphasis must be placed upon t o d . development, and that a people- arise to improve the quality and improving agricultural encourage E n h a n c e d oriented budget is adopted. Such a quantity of their employment. productivity. To achieve this, more p r i v a t e market access shift entails upholding the Robust growth must be public investment in agricultural, s e c t o r f o r t h e i r following principles: translated into employment growth including basic and applied activities. p r o d u c e – ·Gender-sensitivity. which is the key nexus between research, extension, rural Apart public sector ·Stakeholder participation growth and poverty reduction. The infrastructure, irrigation, rural from the investment in in the formulation, implementation, key pillars of this growth are: credit is urgently needed. Reliance debate that rural physical monitoring and evaluation of Infrastructure development; Export on the private sector is unlikely to emphasize infrastructure development programmes and production; Investment drive; succeed. Instead, strong s Social safety nets, the debate has and basic health, and education. budgets at all levels. Labour intensive and industrial government involvement is now progressed towards focus on Under these circumstances ·Sensitivity to the needs of growth model; Mining; and Social typically required, combined with providing employment and raising China recorded robust growth over special groups such as children, investment incentives to encourage private incomes of the poor through a decade of 12 percent of GDP in youths, those with disabilities and Economic growth on its own sector activities. There is need to appropriate policy interventions. the 1980s. Notable progress sign those living with HIV/AIDS. does not necessarily ensure poverty ensure that rural/ communal Success stories in poverty posts where the emergency of non - ·Prioritising people's needs reduction it only leads to poverty agriculture yields are enhanced reduction have confirmed that: farm townships and village first and ring-fencing expenditures reduction when accompanied by through availing: Rapid economic growth enterprises, i.e. agro – industries, thereto. rapid growth of productive and ·high yielding seed accompanied with e q u i t y a boost in employment and remunerative employment. Most varieties. ·Shift from supply-based to promoting growth is the ideal; incomes, and the achievement of a countries that have succeeded in ·Provision of productivity more demand-driven systems of Public policies should be tailor virtuous circle of growth and reducing poverty have followed enhancing assistance such as delivery. made to influence both the process poverty reduction. strong employment creation agricultural extension services and ·Adopting a holistic of generation and distribution of Other countries that come to policies. training, R & D which takes away approach to issues of development national wealth in a manner that mind in the 80s include India which The extent to which growth the pressure on producer prices. (realising everything depends on disproportionately benefit the poor, recorded a reduction of poverty will be pro-poor will depend also ·larger public investments everything else and taking i.e. pro – poor growth; and Ideally from 56 percent to 36 percent on the greatly on the amount of human in rural infrastructure , advantage of synergies). growth needs to be rapid enough back of agricultural production, capital the poor possess. As the (rehabilitation of secondary and In short, a pro-people's budget to have a significant bearing on and Bangladesh whose food empirical growth literature has tertiary irrigation network, farm is pro-poor, pro-women, pro- improving the absolute condition of production supported a poverty demonstrated, growth is highly to market road networks, disadvantaged groups, pro-basic the poor. reduction from 70 percent to 48 contingent on the state of human electricity, and upgrading basic needs and therefore inclusive. It Such a development path can percent. capital in a country. Thus, growth of social services). allocates resources to communities be guaranteed through: Ensuring For growth to be more or less any variety is higher in countries and not only for recurrent purposes that greater equity exists at the start poverty reducing it should have a ·Liberalizing farm produce with sufficient human capital. prices. and is concerned with broad-based of the growth process through e.g. pattern that directs resources ownership. Page 14 The Worker, DECEMBER 2014/JANUARY 2015 Termination on notice notes is that there is no material difference determined way before the Zuva case when between the provision that was applicable the legislation applicable then was the then when the Art corporation case was Labour Relations Act, 1985. Section 12 of the determined and the time when the Zuva Labour Relations Act, 1985 provided that Petroleum case was determined. There was “Except where a longer period of therefore no basis upon which a Labour Court notice has been provided for in any would then fail to uphold the determination of contract or in any relevant enactment, a superior court which had dealt with a matter every contract of employment made which was essentially the same. without reference to time, not being a Where terminatiuon is done on the basis contract to perform some specific service, adapting to techno,logical changes or for any shall be deemed in the case where – the operation reasons,an employee would need to contract is to pay wages at a monthly rate to be retrenched even though he would have be a contract from month to month been given the notice to terminate. This can be terminable by either party at any time noted from the definition of the term upon giving not less than one month's “retrench” as it appears in the Labour Act notice terminating on the last day of a which states: month” “retrench”, in relation to an employee, Commenting on the above provision in means terminate the employee's the Art corporation case, the court noted employment for the purpose of reducing that:\ expenditure or costs, adapting to (a) the contract is to technological change, reorganising the pay wages at a monthly rate, to be a undertaking in which the employee is contract from month to month, terminable employed, or for similar reasons, and by either party at any This section does not includes the termination of employment on enshrine the right of an employer to account of the closure of the enterprise in terminate a contract oAll “This section which the employee is employed” does not enshrine the right of an employer In any case, the terms “dismissal” and to terminate a contract on notice. All it does “termination” have been used loosely and is to introduce a statutory term into interchangeably. This can be noted from the employment contracts which are "made case of Tendai Nyamanikwa and Others v without reference to time". Zimbabwe Manpower Development Fund The Labour Relations Act, 1985 was then SC33/13where it appears that the terms where replaced by the Labour Act [Chapter 28:01] used interchangeably. It was stated by the whose section 12(4) provides: court that: “(4) Except where a longer period of “The respondent failed to comply with notice has been provided for under a the provisions of S12B of the Act. An employer his article has been necessitated by ambiguity as also the provisions of section contract of employment or in any relevant who terminates the contract of employment recent legal developments 12B. None of the sections have the effect of enactment, and subject to subsections (5), with an employee must proceed either in regarding the legality of doing away with termination on notice” T Without first looking at how such a (6) and (7), notice of termination of the terms of a registered employment code or the terminating a contract of employment on contract of employment to be given by Labour National Employment Code S.I. notice by the employer without invoking determination can be criticised at law, one either party shall be— 15/06. The respondent utilised the the provisions of a code of conduct or easily notes that this determination (a) three months in the case of a Regulations and it has failed to establish that merely terminating the contract for no effectively means that there would be no need contract without limit of time or a contract the dismissals were effected in terms of the apparent reason. for any labour laws regarding the procedure of for a period of provisions of S12B. Any disciplinary The most recent judgment regarding dealing with two years or procedures which have been effected outside termination on notice was delivered by the misconducts and more; the peremptory provisions of s 12B are clearly Labour Court in the case of Zuva Petroleum also for dealing ( b ) t w o unlawful. The dismissal of the appellants was v Don Nyamande and Another LC/H/254/13 w i t h months in the therefore null and void.”(emphasis mine) .In that case, the Labour Court held that a retrenchment. c a s e o f a What can therefore be noted is that the contract of employment can be terminated on An employer contract for a terms dismiss and terminate can be used notice. It was stated by the court that: would not need period of one loosely to convey the same meaning. “I find favour with the submission that to waste its year or more It therefore does not really require a termination and dismissal are different and r e s o u r c e s but less than distinction between the two terms in order to distinct. My view is fortified by the fact that conducting a two years; end up with an argument that there can be when Section 12B was inserted as a new disciplinary ( c ) o n e termination on notice. It appears that the section by Act 17 of 2002 it did not substitute hearing when it month in the notice periods in the Labour Act where not section 12(4) of the Act. Section 12 of the Act can easily invoke case of a contract for a period of six months meant to provide a basis for termination. is on “Duration, particulars and termination of its right to terminate on notice, a process or more but less than one year; Rather, in the event of calculation of employment Contract, while Section 12B is which is cheap and also not time consuming. (d) two weeks in the case of a contract damages, the notice period has to be paid not on Dismissal. An employer would again not need to retrench for a period of three months or more but because is was supposed to have been given In my view these sections provide for two its employees. Rather, it would also not opt to less than six months; but more as an attempt to mitigate whatever different procedural methods of ending a retrench as the employee can have his contract (e) one day in the case of a contract for a loss a dismissed employee may suffer as a contract of employment, through either terminated on notice and no expenses would period of less than three months or in the result of the termination. termination of dismissal”(sic). be incurred. case of casual work or seasonal work.” B Makururu is a registered legal The court proceeded to state as follows: The Supreme Court had occasion to Both sections provided for the notice practitioner who writes in his personal “In any event the provisions of section decide whether a contract of employment can period required in order to terminate a capacity. [email protected] 12(4) of the Act are clear and allow no be terminated on notice in the case of Art Corporation v Moyana. The case was contract of employment. What one easily

BY CHRISTOPHER MAHOVE “The pertinent issue, in my view, is company. whether the arbitrator could set aside The workers had reached an Arbitrator defies he Labour Court has set aside that ministerial determination. As agreement with the company on the an arbitral award issued by a clearly seen from this award, that is what packages they were to be paid, but due Harare arbitrator he did. He had no power to do so. This to sticking points which emerged, it was T was a matter where the appellants were not implemented, resulting in the matter overturning a determination of Labour Minister, retrenchment packages for three simply seeking quantification pursuant being referred to the National Roger Moore Private Limited to the ministerial determination,” he Employment Council for workers by the Minister of Labour. said. determination, where the parties failed Labour Court Judge, Justice He said if the company was to agree. overturns Manyangadze, in his ruling, said aggrieved by the Minister's On 28 September, 20112, the matter arbitrator K Nhongo had no power to set determination, they should have filed an was referred to the Minister, who issued aside the ministerial determination done application for review in the appropriate his determination on January 26, 2012. in terms of section 12 C (9) of the Labour forum, adding that the appeal at the However, the engineering company determination Act Chapter 28:01. labour court had been struck off because appealed against the Minister's Nhongo had ruled on December 5, it had followed the wrong procedure. determination, which appeal was 2013, that the three employees, who had The three employees, represented by dismissed. been retrenched in 2011, were not Basil Makururu of the National The company failed to implement of retrenchment entitled to the retrenchment package Engineering Workers Union (NEWU), the determination, prompting the they were seeking although it had been had appealed against the arbitrator's workers to refer the case to a labour recommended by the retrenchment ruling, arguing that he had erred in officer, who referred the matter for board and approved by the minister of failing to note that the decision of the compulsory arbitration after packages retrenchment bond was binding upon the conciliation had failed. Labour. 2014 DECEMBER/JANUARY 2015, The Worker Page 15 16 365 days with my spoiled child!!! chaiko vachiti ndinotamba and guarded. The girls and ere we are again, that question that arises thereafter is 'base' or place that they will call panze, apa manje kuma 7pm young kids are the most vulnerable time of the year when whose responsibility they become their own territory, or join one that waona. . .' said the smiling yet shy because they are constantly Horganisations such as once they are in the street. can welcome them well. They try to young lady. 'My step father would harassed and raped by the older churches, trade unions, civic During the days I spent with look for food and clothing in bins or say I love to eat a lot, and he would boys or men. They sometimes get organisations are preaching these city residents, I noticed that by simply begging in the streets and even scold me for just watching protection from the men in their about 16 days of activism against they were high on drugs and sometimes steal. Some of them television saying I should be territory but are also victims of their gender based violence. alcohol most of the times. Well I admitted that it is mostly hunger outside playing with my friends at protectors in some instances. Well I always ask why it only has remember one day when I passed that forces them to steal food or 7pm at night.' So after having learning all this, to be during this time of the year by for a chat, it was hot and I was harass people with food in the Another young guy of around Inomira came to the conclusion and of course why just 16 days, and thirsty so I asked to for a sip from streets. 23 said he had been in the streets for that it all our fault that these people why oh why is it biased towards their 2litre water bottle, to my A young teenage girl who many years he cannot even choose to live in the streets. Our women. Anyways so does it mean surprise it was not even water but seemed shy said she left home 7 remember. brothers fathered these children and then that we all go back to the some strong mixture of clear years ago and has grown into a He said when both his parents denied responsibilities leaving the battering and all kinds of abuse alcohol. teenage girl living in the city. She passed on, he had to run away from women to either dump the children after the 10th of December? The reasons for the constant said she ran away from an abusive home after his relatives took over in the streets, or marry abusive men Inomira has had a lot of time to intake of alcohol were that they will step father who would beat her up his parents' house and forced him who then force the children out of go around town and meet some very be hungry and so they drink to for everything even for just and his siblings to go and live in the the house. interesting people and what they go forget the hunger or simply just so watching the television. rural areas with his mother. He said These children are the ones we through each day. Inomira they can have the courage to beg for She said her mother would they were given transport money threw out when we took over our interacted with some street kids, food and money. always scold her for upsetting her and an address to go their mother's brothers houses and inheritance. street mothers and fathers who Some of the city residents who new husband. She said she rural home of which they had never These are bastard children whom prefer to be called City residents, are mostly teenagers admitted that sometimes would be forced to go to been there. we failed to acknowledge saying and had fun getting to know more they ran away from home because bed on an empty stomach because He said he put his siblings on a they were born out of wedlock and about their lives. There are a lot of of abuse by parents and guardians. the stepfather said she ate too much. bus, and he stayed behind to start a end up in the street. reasons why people end up These children when they come to 'aah vainditi ndinokara, and new life in the city. These are our wives that we homeless living in the street, the town they either look for their own pamwe vaindirovera kungoona tv Some women who also spend mistreat and beat up till they leave time on the street corners said they the house and we do not even care to live in Epworth, they come to town look for them. These are our to sell Maputi and cigarettes, and children who were raped and we also for their young kids to beg for refused to believe them which money from motorists on their forced them to seek refuge in the behalf. streets. These women are all able As we commemorate the 16 bodied and could start up projects days of activism against gender that can give them a decent life, but based violence, let us stop to think said they are so much used to that about the children who ran away life and all they need is school fees from home because of the same for their children and food hand- abuse. outs once in a while. A women who I say 365 days of taking care of identified herself as Amai these children and showing love Beauty said she sells cigarettes and care, because hey it could have and airtime to earn a living whilst been you begging for a R2 but well her 8year old Beauty begs for someone up there, be it Jah, God, money and food from motorists. Prophets or Ancestors must love She said she is looking for you to be where you are today. money for school fees for her 8year Inomira also asked some old daughter for 2014, and only people from various towns in the needed $15 a term at a school in country about their opinion, and Epworth for her most of them c h i l d t o s a i d t h e c o m m e n c e government p r i m a r y should remove education. all those people So there was from the street another group of and churches city residents should also who said they just accommodate enjoy the city life these homeless and have decent people because h o m e s a n d the street is not a relatives. place to call home. They admitted that they believe Well one may ask what I have there is freedom in the streets; some done about these children, I made a said they were not allowed to come decision to bring food and clothing to town so they ran away to enjoy whenever I can to a certain base to ACROSS DOWN the city life; some said they admired help them out. I kindly ask that you 1.Local soccer body(abb) 2.Metal(4) the city residents and just decided to find it in your heart as you spend 6.Support(4) 3.Lies(4) run away from home to join them, your bonuses and extra cash, to put 9.Chest bone(3) 4.Fit(4) some well are those that were just these people into consideration and 10.Beer(3) 5.Affirmative(3) the naughty ones at home and were provide a meal a day whenever you 11.Unemployment(11) 6.Eric...... , Australian actor(4) always beaten so they decided to can. 13.Remove undesirables(7) 7...... Baldwin, Hollywood actor(4) I am also appealing to the 15.Blamed(7) 8...... Fabregas, Chelsea FC player(4) come to town and do drugs and 17.Sires(7) 11.Zimbabwe Congress of Trade Unions(ZCTU) Secretary- sleep with girls at will. They also churches, trade unions and civic 19.Not a few(7) General(6,4) said they hide or run away if they organisations to take time to take 21.Crrespondence(6) 12.Overseer(10) see their relatives or parents they care of the children affected by 22.Open(6) 14.We put them in front and they take us for granted(7) left at home. Honestly there were a abuse in their commemorations of 23.Cease(4) 16.Test(7) lot of reasons why these people the 16 days of activism against 24.Island94) 18.Uncommon(4) chose to be city residents, and we gender based violence. Remember 27.Crooning voice(4) 20.Large Australian birds(4) could write a book about their lives. when you beat up your husband or 30.Take a break(4) 25.Obi(4) wife on a daily basis, it has a 33.Ocean(3) 26.Remain(4) Well child services tries to take 34.Through(3) 28.Meadow(3) these children and put them into negative impact on the children 35.Zimbabwean city(6) 29.Pitch(3) homes of the orphanages or send who in the end will then escape to a 38.Employee’s due(6) 31...... Longoria, Hollywood actress(3) them to school, but only girls seem free and safer place which is the 40.Zimbabwean town(7) 32.Alex Ferguson’s title(3) interested in education compared to street. 41.Falls(5) 36.Old(4) the boys. Remember do not ignore or 42.Flagpoles(5) 37.Resound(4) On a good day, these teenagers scold these city residents, they also 38.Litigates(4) they clean cars, help motorists park need food and decent clothing, it 39.Failure to break even(4) their cars and guard their cars for a could have been you in that

$1 or sometimes $.50c per car position. That bastard child asking SOLUTIONS FOR LAST MONTH which they use to buy food and for a coin to buy bread may be ACROSS: 1.Boilermakers, 7.Bias, 8.Site, 9.Plans, 10.Idle, 13.Brat, 14.Era, 15.Tidy, 17.Rent, 18.Alibi, 19.Bulb, 20.Knit, sanitary wear for the girls. yours, so do not ignore but extend a 22.Receptionist It is survival of the fittest as they hand and help out. DOWN: 1.Builder, 2.Inspector, 3.Expanded, 4.Mass, 5.Kit, 6.Secrecy, 11.Mutirikwi, 12.Masvingo, 13.Brother, fight and compete for customers 16.Dentist, 18.abet, 20.Use who would want their cars cleaned

High time coaches and players form a Union Page 16 The Worker, DECEMBER 2014/JANUARY 2015 Chisora needs break from boxing, says coach Charles imbabwean born British boxing Charles stated in July that he would heavyweight Dereck Chisora's resign as Chisora's coach should he fail to Zcoach Don Charles believes he beat Fury, and admits that both boxer and should stay away from boxing and coach must assess their futures over the consider his future after he "failed to get coming weeks. out of first gear" during his crushing "As a coach I've been given so many defeat at the hands of Tyson Fury at the chances to pull it off. We've fought at the ExCeL Arena last month. highest level but every time we've fallen Fury claimed the European heavyweight short. title and regained the British belt with a "Something is fundamentally wrong. dominant display over 10 rounds against Maybe I don't belong at this level, but the Chisora before Charles threw in the towel, fighter has to look at himself. The fighter a decision he admitted he had considered as has to look at it and say, do I still want to do early as the fifth round. this, is this what I want to do for a career." And Charles, who has worked with First, however, Charles has urged former world title contender Chisora for Chisora to take time to recover both over a decade, reiterated that his time as the physically and mentally from a chastening Londoner's coach may be up in the wake of second encounter with Fury. a defeat he had feared was on the cards on "It's all well and good when somebody's the day of the fight. physical wounds heal but you don't see "When we got into the venue, I picked what's going on inside," Charles added. something up," Charles said. "Me personally, I think he should take "The ring walk, I also picked something time off boxing. He's a young man, he's just up there. And in the second round I realised had a new child - enjoy your child. something was drastically wrong. There "Since I've known Dereck, for the last 12 was a sense of panic in his eyes. years, all he has done is train and fight. He “We've been training for eight months needs to have a little time away from for that day, so you try the best you can - the boxing and look at it again." fighter and the team - to bring him back to As a Zimbabwean teenager he left the what he naturally does." country to join his mother in London, Charles admitted that he could and where he briefly went to public school perhaps should have stopped the fight before he fell in with the wrong crew and earlier as Fury's tactical switch to southpaw dabbled on the criminal fringes. His undid his charge, but held off in the hope probation officer eventually introduced Chisora would show some of the form he him to boxing and, despite being initially had shown in training. shocked by the pain of the ring, Chisora "This was the most confident we'd ever built an unblemished 13-0 record. felt going into any fight," Charles said. "I left Zimbabwe when I was 16. That "Every time I went to throw the towel in, was 10 years ago and of course I still miss it. BATTERED - Dereck Chisora he revved up to attack, so you hesitate. It You always miss where you grew up. I've just happened so fast, and you can't believe not been back but I've still got the African officer? "Crime," Chisora said; "The usual for two years and my probation officer, what's happening in front of you - that was background in me. I still speak Shona. But, petty crime. Touch wood, I never went to jail. Peter Yates, said: 'Why don't you try not the script. at the same time, I'm a Londoner now." There was evidence but not enough to put me boxing?' He fixed me up at Finchley "It was like he was revving, but he didn't How did he end up with a probation in prison. So we asked for probation. I think Boxing Club.” get out of first gear." they saw I wasn't ruthless. I obeyed the rules By AGENCIES Zimbabwe Cricket Team: World Cricket's Clown of the Month, November 2014 t's been a month in which no every single time, they have found a after 33.1 overs to 194 all out. during the fourth ODI, with Elton there is any truth to that. For now, cricketer has managed to do way to collapse and bring defeat That theme repeated itself Chigumbura losing 20 per cent of his what is clear is that Zimbabwe need Ianything exceedingly daft. after defeat upon themselves. It's throughout the series, and match fee, as per ESPN Cricinfo. a rethink very quickly. That makes selecting Clown of embarrassing, and being a Zimbabwe struggled to find excuses While that wasn't exactly disastrous, They are fast becoming the the Month somewhat tricky. Zimbabwe cricket fan must feel like for their continuous failures. it was just another tick on the list of laughing stock of the cricketing The award is usually presented hell at present. After losing the third ODI by 124 errors for the team. world. There are some good players to somebody who does something While there were some positives runs, captain Elton Chigumbura With a World Cup just around the in the team, but they have not been silly, but this month's award goes to to take from the Test series, the one- didn't have much to say. He did, corner, Zimbabwe have reason to be able to perform as a unit. the Zimbabwe cricket team for their day series was sheer torture for Zim however, admit that his team kept on seriously concerned. Stephen Time in the middle could solve horror tour to Bangladesh. fans. making the same mistakes. He was Mangongo was appointed as some of their troubles, but Winless in the Tests, warm-ups In the first ODI, Zim used eight quoted by ESPN Cricinfo as saying: permanent coach earlier this year, Zimbabwe have no further cricket and one-day games played in different bowlers as Shakib Al “It was another disappointment. just before South Africa toured the scheduled until the World Cup November, the team aren't exactly Hasan hit 101 off 99 balls and the Same old stuff, same old mistakes. I country. Since then, Zimbabwe have begins next year. With the horror "ha ha" funny. In fact, the situation's lower order put on 210 runs of the guess if we keep repeating the same not won a match, which has caused tour now behind them, perhaps not funny at all, but clown can be 281 total. Zimbabwe started off well, thing we keep getting the same much frustration for the fans. Zim's players will be happy to just defined in various ways. with Hamilton Masakadza and result. We changed the team, but we Some have even questioned take a step back from everything for Throughout the one-day games, Brendan Taylor both scoring repeated the same mistakes. ” whether the coach's appointment a little while. Zimbabwe have always looked like steadily. Then, the collapse To add to their woes, Zimbabwe was based on reasons other than his ESPN/By Antoinette Muller , they might claw their way back. But happened. Zim went from 153-6 were also fined for a slow over rate ability. Only time will tell whether Featured Columnist