CHIEF Justice Godfrey Chidyausiku last week swiftly moved in and issued an interdict order blocking the Deputy Sheriff from attaching Air Zimbabwe’s fire engines over a $3 million debt.
BY CHARLES LAITON
The attachments could have paralysed all operations at Harare International Airport.
The interdict order came after Civil Aviation Authority of Zimbabwe (Caaz) general manager, David Chawota last month filed an urgent Supreme Court chamber application to stop the attachments. Caaz had in November lost a labour case, where it was being sued by 123 workers, who claimed to be owed $3 million in allowances for duties performed during the Democratic Republic of Congo (DRC) war, over a decade ago.
Chawota took up the matter with the Supreme Court after High Court judge, Justice Happias Zhou had dismissed his application for stay of execution. In his affidavit, Chawota argued that Justice Zhou erred in dismissing the parastatal’s application by not considering that the matter between Air Zimbabwe and its employees was still pending at the Labour Court.
“Applicant (Caaz) only became aware of the existence of the writ on November 19, 2015 and on November 23, 2015 applicant filed an urgent chamber application for stay of execution and the application was dismissed by High Court judge Justice Happias Zhou for want of urgency,” Chawota argued.
“In short, the removal of the fire tenders from the applicant’s control will disrupt international aviation to such an extent that Harare International Airport will immediately cease to operate as an airport.
“. . .this will inconvenience innocent members of the public, who are not party to this dispute, who may not be able to fly to Harare International Airport once the fire tenders are removed in execution. The applicant and the nation at large will suffer massive reputational damage, which may ultimately cause irreparable harm to the authority and indeed the country’s interests.”
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“I humbly submit that the employees should not be allowed to execute on the judgment pending the outcome of the appeal, which is due to be heard in the Labour Court. I am advised, which advice I accept, that allowing execution to proceed undermines the administration of justice by rendering the fate of the applicant’s appeal currently lying in the Labour Court academic.”
Chief Justice Chidyausiku ruled that the national airline’s chamber application should be heard during the first week of this year’s first term.
In February 2014, the employees, through labour lawyer, Caleb Mucheche, successfully obtained an arbitral award in their favour after Caaz had reportedly refused to pay them their allowances for duties carried out in the DRC sometime in 1999.
