Cargo Carriers International Drivers v Cargo Carriers International (Pvt) Limited

IN THE LABOUR COURT OF ZIMBABWE            JUDGMENT NO. LC/H/178/2013
HELD AT HARARE ON 17 MAY, 2013               CASE NO. LC/ REV/H/96/2011
In the matter between




CARGO CARRIERS INTERNATIONAL DRIVERS                   –         Applicants
And

CARGO CARRIERS INTERNATIONAL (PVT) LIMITED                 –     Respondent




Before The Honourable L. Matanda-Moyo, President


(IN CHAMBERS)



MATANDA-MOYO, L.

      This is an application for leave to appeal against my judgment of 23

January instant. The purported grounds of appeal are as follows;



      1) That the court a quo erred in concluding that the Applicant was not a

         registered trade union when such union is registered.

      2) That the court a quo erred in concluding that an unregistered trade

         union cannot appoint an agent union when section 31(1)(b) of the

         Labour Act authorizes such appointments.

      3) That the court a quo erred in ordering ZFTU to pay costs.



      For an application of this nature to succeed the court found in Pichanik

N.O. vs Patterson 1999(2) ZLR 163(H) that;
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      “Leave to appeal should be granted where it has reasonable prospects of success, the amount
      in dispute is not trifling and the matter is of substantial importance to one or both of the

      parties----“



      In Van Herden vs Cronwright and others 1985(2) SA342 (T) the court

emphasized that whilst it is important to keep in mind that the intention of the

legislature in requiring leave to be granted is to limit the number of cases which

might be taken on appeal, the criterion should be whether there is reasonable

prospects of success on appeal. The major consideration is whether Applicant

enjoys good prospects of success on appeal.



      Firstly Applicant submitted that this court erred in finding that Zimbabwe

Transport Allied Workers Union is not registered.               The evidence before court

show that such organization is indeed not registered. In any case that decision

is a factual decision and Applicant can only appeal on points of law.



      Secondly Applicant argues that in terms of Section31 of the Labour Act an

unregistered trade union can appoint a certified trade union to act as its agent.

‘Agent Union” is simply defined as a trade union acting as an agent union in

terms of Section 31.



      Applicant submitted that it is a member of ZTWU. The question is can

Applicant, who is not registered bring a suit in its name.                   The question is

whether ZFTU can bring action on behalf of employees in the name of an

unregistered union. The answer is no. ZFTU can bring action on behalf of a

registered trade union in its name. If such trade union is unregistered then

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such unregistered trade union has no locus stand to sue or be sued. Whilst it is

true that an unregistered trade union can appoint a registered union to act as

an agent, it is not true that an unregistered union can be cited as a party to any

proceedings.



      On the issue of costs it is true that an appeal court may find differently. I

will thus grant an application for leave to appeal on the issue of costs.



Accordingly it is ordered that;



The Application for leave to appeal is granted on the question of costs.




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