HARARE – Opposition Movement for Democratic Change (MDC-T) MP for Kuwadzana, Nelson Chamisa, is under fire from labour activists for his role in the Supreme Court judgment delivered last Friday which now allows companies to terminate workers’ contracts upon giving three months notice.
The young legislator is now a lawyer at the Advocates Chambers in Harare and alongside fellow advocate Thabani Mpofu represented Zuva Petroleum in their fight against former managers, Don Nyamande and Kingstone Donga, who were challenging the termination of their contracts under the same circumstances.
In the opposite corner was constitutional expert Professor Lovemore Madhuku and Mr Caleb Mucheche who acted for the two managers. Chief Justice Godfrey Chidyausiku and four other judges, sitting as a Supreme Court, unanimously ruled in favour of the company, setting off a labour crisis countrywide.
Already hundreds of jobs have been lost in the last four days with companies emboldened by the Supreme Court ruling sacking employees. Steward Bank for example fired some 50 workers. The CEO told the workers they will get their July salaries plus a combined three months salary as pay for the notice period.
Anger over the Supreme Court ruling is growing and Chamisa is getting heat for his role. Writing on Nehanda Radio, Tinashe Chisaira, a former student leader who now works for the Zimbabwe Coalition on Debt and Development, accused Chamisa of betraying workers, the same people who were instrumental in his political rise.
“It is unfortunate that the lawyer who helped deliver the fatal blow on labour justice was none other than “Advocate” Nelson Chamisa. The man seems to forget that he is a beneficiary of a political party that rose from the grievances and tears of the labour movement, in the name of the Zimbabwe Congress of Trade Unions (ZCTU).
“I am sure the comrades at ZCTU, the Concerned Affiliates and Zimbabwe National Students Union (ZINASU) and any other serious-minded union are enraged at the betrayal.
“Some, who say the man was only doing his job, need to be reproached for the absurdity of such ill-reasoning. A similar excuse was surely the shield for black soldiers who fought on the sides of the Rhodesian Army and Intelligence and claimed to be “only doing their jobs”.
“There is no legitimate excuse in defending a person, lawyer or not, who burns the midnight candle, perusing over counter-progressive precedents with the sole intention of defeating “the working class”, which is the very root of any democratic society.
“Like one of my friends, a young leader and worker Lloyd said to me just yesterday, “The people we look up to and whom we have come to admire as leaders, have actually sent shock waves across the country, but for the wrong reasons”
Nehanda Radio sought comment from Chamisa and he said he was in court at the time. Meanwhile the man who defeated Chamisa to land the post of MDC-T Secretary General at last years congress, Douglas Mwonzora, criticised the ruling.
“The recent ruling by the Supreme Court that worker’s contracts can be terminated by a simple notice is a great drawback to the already suffering workers in Zimbabwe,” Mwonzora wrote on Tuesday.
“Based on this ruling, a lot of employers are already getting rid of employees without the necessity of paying damages.
“This is inhumane and extremely retrogressive. The government must immediately amend the Labour Act to make it as clear as possible that the termination of employment must only be in terms of the Labour Act.
“We urge our members of Parliament to start the ball rolling on this very important issue. It is submitted however that the Supreme Court reasoning on this issue was wrong.
“Where common law conflicts with statute law then statute law must take precedence. Zimbabweans across the political divide must unite and protect the fundamental rights of the workers,” Mwonzora added.
Political commentator Dr Alex Magaisa observed that; “in the past, a judgment of this nature might have been met with serious protests and disruption in the economy. There was an era when labour was a key voice, but that was when industry was ticking. But one of the results of the economic collapse has been the decline of labour and the weakening of the unions.”
“In addition, the decline of industry has thrown more workers onto the streets, joining the hordes of vendors. In this vending economy, the state is now more wary of vendors, than it is of labour. Its policies and actions towards vendors are more likely to cause them concern than their labour policies. So overall, this shift, represented by this judgment might also be a reflection of the fall of labour as a force to reckon with,” Magaisa argued.
Public Service Labour and Social Welfare Minister Prisca Mupfumira said “There is definitely need to settle on corrective legal options to safeguard the worker as the ministry is already receiving numerous complaints from workers whose contracts of employment have been terminated on notice since the court ruling.
“Evidently, the judgment has opened a floodgate of termination of employment on notice, resulting in numerous workers unfairly losing their jobs. My ministry is analysing the consequences of the judgment and will take action accordingly.”
“The Supreme Court relied on common law, inter alia, in its judgment and not statute. In essence my role as minister responsible for labour is to strike a balance between the interests of the employer and employee.
“We will soon be engaging employer and employee representatives to reach an amicable position in light of the Supreme Court ruling which comes at an opportune time when Government is reviewing the labour laws.
“Any new thinking on the matter has to be part of the labour law review that ultimately involves both Cabinet and Parliament. In the spirit of tripartism, this is an urgent issue for further dialogue under the Tripartite Negotiating Forum,” Mupfumira added.