BY BLESSED MHLANGA
HIGH Court judge Justice Joseph Musakwa has ordered Labour Registrar Grace Kanyayi to reinstate the registration certificate of the National Employment Council for Engineering and Iron and Steel Industry, which she closed last Friday.
Justice Musakwa ruled in favour of the NEC, which had approached the courts seeking an interim order to bar Kanyayi from interfering with their operations, after she revoked the NEC licence, leaving 6 000 employees on medical aid stranded and sending 200 workers home.
In the order, Justice Musakwa ruled that Kanyayi should allow the operations of the NEC to continue while their main application against the order to shut them down goes through the courts.
“Pending the determination of the court application for a declaratory order filed under case number HC6244/19, the operation of the cancellation of the applicants registration certificate dated July 25 be and is hereby suspended, coupled with the restoration of the applicants registration certificate and status quo ante,” part of the interim relief reads.
The court said any actions by Kanyayi against the NEC, while the matter is still before the courts, will be unlawful.
“Pending the return date, the respondent (Kanyayi) or any person acting through that office be and is hereby interdicted from unlawfully interfering with the day to day operations of the applicant,” the judgment, issued on Monday, reads.
The NEC approached the courts accusing Kanyayi of closing them down in an effort to cover up acts of corruption which she allegedly committed with fired secretary-general, a P Musagwiza.
“The purported cancellation is nothing, but just an attempt to cover up for the illegalities unearthed by the audit report to which Kanyayi was implicated. It is merely intended to paralyse the applicants’ operations and ability to pursue legal action against herself and those she connived with,” a founding affidavit filed in court by Tendai Nyamatore, the new secretary-general, reads.
The Labour ministry was also slapped with costs of the lawsuit.