The High Court in Bulawayo has dismissed an application by Vungu Rural District Council (RDC) to rescind a default judgement that cleared the way for the attachment of council property over US$250 000 in salary arrears owed to workers.
Justice Bongani Ndlovu ruled that the council had failed to establish grounds for rescission, finding that the judgement was not “erroneously granted” and that the applicant had ample opportunity to oppose the matter, but failed to do so.
The dispute stemmed from an arbitral award issued on July 28, 2025, ordering the Vungu RDC to pay over US$250 000 in salary arrears and benefits to workers represented by the Zimbabwe Rural District Councils Workers’ Union.
The council noted an appeal at the Labour Court in October 2025, but the union simultaneously filed an application in the High Court to register the award for enforcement.
The union obtained a default judgment on November 25, 2025, leading to the attachment of council assets.
Vungu RDC later approached the High Court arguing that proceedings were irregular, citing short notice periods and procedural defects that it claimed denied it a fair hearing.
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The council insisted the judgement was “snatched” without proper notification and argued that critical assets necessary for council operations had been attached, paralysing service delivery.
However, the union opposed the application, arguing that the council was duly served in September 2025, but chose not to respond.
The union maintained there was no procedural defect and accused the council of attempting to frustrate lawful execution.
In his ruling, Ndlovu found that while the council complained about irregularities, it had been aware of the proceedings and failed to act within the remedies provided under the High Court rules.
“The applicant does not dispute that it was served with the application… and chose to sit back and do nothing,” the judge noted, adding that such conduct undermined the integrity of court processes.
The court also dismissed preliminary objections raised by the council regarding defects in the union’s opposing papers, holding that these technical objections lacked merit.
Ultimately, the court concluded that Vungu RDC had failed to meet the threshold for rescission.
The application was dismissed with costs, leaving the union’s enforcement order intact and execution against council assets set to continue.