A recent directive by Chief Justice Godfrey Chidyausiku that all notices of set down be served by the office of the Sheriff at a fee is a big blow to dismissed workers as it puts the cost of justice beyond the reach of most jobless employees, the Zimbabwe Congress of Trade Unions (ZCTU) has said.
BY CHRISTOPHER MAHOVE
Justice Chidyausiku issued two practice directions — for services of notices of set down and on appeals from the Labour Court to the Supreme Court — that dismissed workers would be required to deposit with the Sheriff an amount as determined by the Sheriff as security for costs of service of all notices set down.
The practice direction stipulates that an appellant has to first furnish the court with proof of payment before their case can be ready for set down.
If the appellant fails to deposit the money with the Sheriff, their case will be deemed abandoned and will be dismissed.
But the ZCTU legal advisor, Zakeyo Mtimtema said the two directives were a big blow to dismissed workers who are already hard pressed for cash.
Mtimtema said this would set the cost of justice beyond the reach of the poor workers, most of whom would have been dismissed and were unable to save money.
“These directives make life difficult for dismissed workers who cannot afford the huge amounts demanded by the Sheriff,” said Mtimtema.
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“It effectively means that workers will not be able to appeal their cases and this is likely to lead to a drastic drop in appeals by workers at the Labour Court and Supreme Court. Only employers will be able to appeal against Arbitrators and Labour Court decisions.”
Mtimtema said the Chief Justice should have considered that the Labour Court was for the poor workers who were currently earning far below the Poverty Datum Line (PDL).
“This is taking away justice from the poor workers and giving it to the rich employers,” said the ZCTU legal advisor. “Imagine a farm worker earning US$65 a month and the sheriff requires a deposit of US$100, where do you expect such an employee to get the money?”
He said Justice Chidyausiku should have consulted other stakeholders, adding that the move was tantamount to reducing the backlog at the Labour Court in a negative way.
In a letter addressed to Registrars of the High Court, the Labour Court, the Administrative Court, the Sheriff and the Deputy Registrar of the Supreme Court, the Acting Chief Registrar of the Supreme Court, Walter Chikwana said all courts were now required to put in place mechanisms to operationalise the two practice directions.
“At the time of filing an appeal, application or a pre-trial conference request, as the case may be, a party shall deposit with the Sheriff an amount as determined by the Sheriff as security for costs of service of all notices set down,” reads part of the practice direction 1 of 2014.
