The case in which former Highlanders coach Mohamed Fathi is seeking Bosso to pay him his dues through the courts has taken a new twist with lawyers from both parties agreeing the matter should have been brought before the Labour Court.
Fathi’s lawyer, Shepherd Chamunorwa of Calderwood, Bryce Hendrie and Partners, and Matshobana Ncube of Phulu and Ncube concurred as they emerged from the courtroom that they had raised preliminary points to the matter and the matter should not have come to the Labour Court in the first place.
“We raised preliminary points to the case and the judge is going to make a ruling tomorrow (Wednesday) if the case has to proceed but both parties’ concern is that the case should not have been brought to the Labour Court,” Chamunorwa said.
Ncube agreed and said if the judge was of the view that the matter should not have been brought to the Labour Court then the case would be dismissed and take other avenues.
In the case, Fathi sought that the October 4 order by Labour Court president Justice Mercy Moya-Matshanga for Highlanders to pay him $15 100 be enforced by the court.
The matter was set down for Tuesday before the lawyers raised preliminary points on the case for the judges indulgence.
What it implies is that the points of merit in the case can only be raised in the hearing if Justice Moya-Matshanga upholds that it was proper for the matter to go to the Labour Court.
When Fathi applied for registration of Justice Moya-Matshanga’s October 4 order with the High Court, Phulu and Ncube challenged the application saying if the order was registered with the High Court, it implied that it would be operational.
After Fathi won the Labour Court reprieve, Highlanders made an application for the matter to be referred to the Supreme Court arguing they were never given a chance to give their side of the story, which infringed their constitutional rights.
They also applied for a review of Justice Moya-Matshanga’s order which they say was done two days before Fathi made his urgent chamber application.
Last week, Sibanda reportedly said Bosso owed Fathi about $32 000 instead of $15 100.
Soon after the court proceedings on Tuesday, Fathi, who was in the company of his manager Omega Sibanda, headed for the Department of Immigration to seek extension of his stay in the country after he had been given until November 1.