The Zimbabwe Congress of Trade Unions (ZCTU) faction led by Lovemore Matombo has labelled the recently-elected third ZCTU vice-president, Lucia Matibenga, a dissident who was not supposed to have chaired a ZCTU congress last month.
This was said in the plaintiff’s declaration by Matombo’s ZCTU, in the summons dated September 2, issued against the newly elected labour body’s executive, led by George Nkiwane.
“To add unconstitutionality to the unlawful conduct the defendants (Nkiwane and his new executive) on August 19 decided to call for a General Council meeting and appointed the dissident non-member Matibenga, to chair the congress,” reads the claim in part.
“This was done regardless of clear constitutional provisions which state that the 2nd respondent (Sithokozile Siwela) should chair such a congress, and that the 12th defendant (Matibenga) had no capacity whatsoever to participate in the 1st plaintiff’s (ZCTU) activities”.
The Matombo faction, in conjunction with 10 other workers’ unions are seeking an interdict at the High Court barring Nkiwane, who was recently elected ZCTU president, and his executive members from representing the labour body.
Matombo is being represented by Gonese, Jessie Majome and Company legal firm.
According to the plaintiff’s claim, the respondents, Nkiwane and his executive, cited as “12 other defendants” in court papers, have to be barred from accessing ZCTU head office, 9th and 10th floor Chester House.
They are also seeking to have them barred from using all ZCTU assets, bank accounts and accessing all the funds as well as conducting business on behalf of ZCTU.
Part of their claim reads: “. . . a declaratory order that the purported congress on behalf of the 1st plaintiff (ZCTU) is a nullity as it was in violation of the 1st plaintiff’s constitution and was not sanctioned by the 1st and 2nd (Matombo) plaintiff as required in terms of the constitution and was resultant out of a flawed electoral process”.
The Nkiwane-led ZCTU is yet to enter an appearance to defend at the High Court and has been given 10 days to respond to the claim. Matibenga is represented by Aleck Muchadehama.