Former NRZ employees seek to block eviction

By Mashudu Netsianda

Four former National Railways of Zimbabwe (NRZ) employees who are facing eviction from Westgate Compound in Bulawayo have approached the High Court seeking an order blocking their former employer from going ahead with the evictions.

Ms Theodora Ndlovu, Mr Edward Ngwenya, Mr Godfrey Tambudzai and Mr Shepherd Mhike, who are all NRZ pensioners, have filed an urgent chamber application at the Bulawayo High Court citing NRZ, the messenger of court and Mr Lithini Ndlovu, who is NRZ security officer at Westgate Compound, as respondents.

They want an order stopping NRZ from evicting them from their houses at Westgate Compound pending the finalisation of their appeal under Case Number HCA1526/15.

The applicants are part of the 50 families that are resisting eviction. They had been given up to August 2015 to vacate the NRZ premises.

In her founding affidavit, Ms Ndlovu, who is representing the applicants, said NRZ having failed to provide them with housing compensation, allowed them to remain residing in their respective homes awaiting compensation.

She said NRZ was supposed to have paid them housing compensation in terms of Statutory Instrument 61of 1997 (Collective Bargaining Agreement: Railways Undertakings).

“This is an application for stay of execution and reinstatement pending the determination of an application for condonation for late noting of an appeal between the same parties involving the same matter.

“It is obvious that NRZ did not pay the applicants housing compensation contrary to its own undertaking to do so through a collective bargaining agreement as it did to other employees countrywide,” said Ms Ndlovu.

She said they were already suffering under unlawful treatment by their former employer, arguing that the law was clear that they were to be paid compensation since all their colleagues who were employees of NRZ were offered houses to buy by the railway company except for those in camp compounds like Westgate.

“The applicants have been out of employment for more than five years now and they have no alternative homes while most of them are married with school going children. I submit that we have good and reasonable prospects of success on appeal because NRZ has not paid us our housing compensation and we have occupied the homes for more than 20 years,” said Ms Ndlovu.

She said NRZ breached its own Collective Bargaining Agreement.Ms Ndlovu said some of the people facing eviction from the NRZ properties were orphans and widows who had nowhere to go.

“If evicted we will be forced not only to stay on the streets, but to look for new places for our school going children,” she said.NRZ has previously argued that all channels were followed leading to the ex-employees being served with eviction notices. NRZ is yet to respond to the application. The Chronicle.