THE High Court has delivered a landmark ruling ordering the mandatory translation of all employment codes of conduct from English to every constitutionally recognised official language of the country, declaring the current English-only system a violation of fundamental workers’ rights.
Justice Regis Dembure gave the Registrar of Labour and the Public Service, Labour and Social Welfare minister three months to ensure that existing and newly registered employment codes are accessible in all 16 official languages, including Shona, Ndebele, Chewa, Kalanga, Tonga, Venda and sign language.
The judgment arose from a public interest application filed by lawyer Caleb Mucheche, founding president of the Labour Association Zimbabwe and former dean of a university law faculty.
Mucheche argued that the minister’s failure to enforce translation of codes under the Labour Act was unlawful and a denial of equality before the law.
Mucheche submitted that section 6(1) of the Constitution grants equal legal status to all official languages.
He contended that keeping workplace disciplinary rules only in English disenfranchises the majority of Zimbabwean workers, rendering disciplinary processes inherently unfair.
“The codes of conduct must be accessible in other official languages. Their availability only in English infringes on workers’ fundamental rights,” Mucheche argued.
The court ruled that the systematic failure by the minister and the Registrar of Labour flouts sections 2, 6, 56, 63 and 65 of the Constitution, which guarantee equality, fair labour practices and equal protection of the law.
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The minister and registrar filed a notice of opposition in December, arguing that Mucheche lacked legal standing and that employers verbally explain codes to workers.
They also denied legal obligation to translate documents they did not author.
However, Justice Dembure struck out their opposition as a nullity, ruling that they failed to comply with peremptory court rules by not filing an opposing affidavit on time.
“There was no point in arguing that the sets of documents were filed together,” the judge ruled.
“The respondents failed to comply with the peremptory provisions of r 59(7).
“This rendered the respondents’ purported opposing papers fatally defective and, therefore, a nullity.”
The judge further ordered the minister to initiate amendments to the Labour Relations (Employment Code of Conduct) Regulations within three months to fully incorporate all officially recognised languages.
Mucheche, who brought the case pro bono, said he was compelled by conscience and legal justice to challenge the disenfranchisement of the majority of Zimbabwean workers.
Justice Dembure granted the application with no order as to costs.
