Supreme Court postpones FAO case


The Supreme Court yesterday postponed indefinitely the hearing in a case where the Foreign Affairs ministry is seeking to interdict a garnishee order granted to a Harare-based employee of the Food and Agriculture Organisation (FAO), Michel Jenrich.


Justice Paddington Garwe sitting with Justices Susan Mavangira and Ben Hlatshwayo, yesterday said the matter had been postponed by consent after the attorneys of the appellant and respondent agreed to have the matter heard before a full bench.

“By consent, it is ruled that the matter be postponed sine die (without assigning a date). No order as to costs. The registrar is directed to set this matter before the full bench of this court,” Garwe said.

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Jenrich won an order to recover $623 400 owed to him in benefits from the United Nations agency at the Labour Court before he registered the award with the High Court in March.

Foreign Affairs minister Simbarashe Mumbengegwi then approached the Supreme Court in a bid to save FAO’s account.

But in his judgment in March this year, High Court judge Justice Tendai Uchena ruled that international organisations such as FAO could not escape litigation in labour matters

because they only enjoyed “restrictive (as opposed to absolute) immunity that does not apply to cases of a labour nature and does not cover immunity from suit and legal process and execution”.


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