15-year Labour case spills into High Court

“This became a turning point as from that moment onwards management began to look for ways to get rid of me.”

Manjiche made an appeal at the Labour Court and the case was heard by the late Justice Wilbert Mutezo in March 2006.

Justice Mutezo died before delivering judgment.

The case was heard again on December 2, 2005, and later in March 2012 after Manjiche made countless trips from Mozambique, where he is now residing, to Harare.

In 2012, his case was heard by Justice Euna Makamure and it was adjourned following a dispute over the certification of the Border Timbers Code of Conduct between GAPWUZ (General Agriculture and Plantation Workers’ Union of Zimbabwe) and the company lawyer.

For two years, his file allegedly went missing and efforts to locate it were fruitless.

“At this point, I was frustrated because I felt that the union which was supposed to represent my interests was failing me because I had to travel a lot to try and locate my missing file in person, a job that was supposed to be done by my union’s lawyer,” he said.

“It is my conviction that the delays were meant to frustrate my efforts to get redress from the courts, and that the handling of my case is tainted by corruption and incompetence.”

Manjiche’s papers were taken to the Attorney General’s Office and his case was pencilled for February 24, 2015.

In court, the lawyer representing Border Timbers proved that the company was under judicial management and Justice Makamure advised Manjiche to apply for a chamber application at the High Court, which he did on March 15, 2015 under case number 2595⁄15.

He has not received any feedback from the High Court since then.

The acting deputy general secretary of the union Mr Austin Muswere, who is representing Mr Manjiche, argued that as a union they were doing their best to deal with the situation.

“We are trying our best to handle the situation,” he said. “At the end of the day, it is not up to us, but for the courts to make sure that the case is heard, as you are aware Border Timbers is under judicial management and as such, it is the responsibility of the judicial manager to proceed or request for liquidation, which might help Mr Simon Manjiche recover his money.”

Mr Muswere confirmed that Mr Manjiche’s case had been pending for 15 years and that at one point his file went missing.

‘’You cannot push the judge to set up a hearing and as a union, we respect the judicial processes and decisions,” he said. “As of now, all we can do is to wait upon the courts. Presently, we are making follow-ups on the case.”