The matter in which five workers’ unions are suing their employer and President Emmerson Mnangagwa for blocking them out of salary negotiations failed to commence Thursday after the judge failed to log in to the virtual case management system.
The Judicial Service Commission (JSC) recently rolled out the Integrated Electronic Case Management System (IECMS).
Justice Lucy Mungwari postponed the hearing to another date.
“The court faced technical challenges with the IECMS virtual system. This resulted in the case being postponed to Wednesday 27 September 2023 at 9 am on the same platform,” said Edson Matika representing the unions.
The IECMS was expected to introduce electronic case filing, automatic case allocation to judicial officers, electronic case tracking and management from filing to finalisation and virtual hearings.
It has however been met with widespread resistance with litigants and lawyers complaining that the system is delaying justice delivery.
In the present case, unions suing the government include the Zimbabwe Teachers Association (ZIMTA), the Progressive Teachers Union of Zimbabwe (PTUZ), Amalgamated Rural Teacher’s Union of Zimbabwe (ARTUZ), Educators Union of Zimbabwe (EUZ) and the Civil Service Employees Association (CSEA).
The unions complain that the government is violating their labour rights.
In their application, the unions are challenging the Public Service Act, arguing that it undermines the labour rights enshrined in the constitution as it gives the Public Service minister and the Commission unilateral power to make decisions on behalf of members of the public service.
They want collective bargaining, a process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, as well as job health and safety policies.
The unions are demanding that the court declare sections 19, 20, and 31 of the Act unconstitutional as they “enable” the violation of their member’s labour rights.
In his affidavit, ZIMTA chief executive officer Sifiso Ndlovu noted that section 203 of the Constitution gave unions and members of the public service a voice in regard to bargaining for their benefits, salaries and hours.
Ndlovu further argued that the Commission and Mavima were violating labour rights by not engaging in mutual consultations with the members of public service.
Cited as respondents are the PSC, Mnangagwa, Finance Minister Mnangagwa, the Public Service minister and the Attorney General.
Source NewZimbabwe
