FORMER Highlanders forward Masimba Mambare has now taken his former paymasters to the High Court, seeking registration of a $10 000 arbitral award as a court order after Bosso failed to pay him his signing-on fees.
BY CHARLES LAITON
Mambare, who is represented by TH Chitapi & Associates, approached the High Court through a chamber application in terms
of section 98 (14) of the Labour Act, under case number HC929/15 in a bid to have the award registered for purposes of enforcement.
However, the matter is still pending in court following a query by a judge of the High Court after realising that Highlanders had not filed any papers in response to the application.
According to the court papers, Mambare was engaged by Highlanders Football Club effective from March 1 2012 to December 31 2013 and as part of the contractual agreement, it was agreed that the club would pay the player $10 000 as signing-on fees.
“Claimant (Mambare) submitted that according to the agreement, respondent (Highlanders FC) was supposed to pay $5 000 by April 30 2012, $2 500 by January 31 2013 and $2 500 by June 30 2013,” arbitrator W. Chitima said.
“According to claimant, despite several reminders respondent did not make any payment towards these fees . . . respondent made promises to pay, but these were never fulfilled . . . (and) he was left with no option, but to then refer the matter to the Ministry of Labour.
“Respondent did not dispute the factual submissions by claimant, respondent argues that the matter is prescribed and therefore the claim should be dismissed . . . but did not avail the reasons why he says that,” Chitima added ruling the matter had not been prescribed.
In his founding affidavit Mambare, who now plays for Dynamos, said the arbitral award was granted in his favour against Highlanders on December 9 last year requiring the club to pay him within 30 days, but it had failed to do so.
“I now wish to register the award for purposes of enforcement. I am advised by my legal counsel . . . that I am entitled at law to apply to this honourable court for registration and enforcement of the award,” Mambare said.