Amalgamated Rural Teachers Union of Zimbabwe and Footwear Tanners and Allied Workers Union of Zimbabwe v Zimbabwe Congress of Trade Unions

The applicants were trade unions affiliated with the respondent (ZCTU). In July 2021, respondent advised applicants of a General Conference scheduled for 27-29 October 2021 and requested delegate names and current membership information. On 8 October 2021, respondent sent applicants a letter advising that the General Council, relying on a legal opinion, had resolved on 10 September 2021 that all unions affiliated after the cut-off date of 31 May 2021 would not have voting rights at the General Conference but would only have observer status. Applicants engaged in correspondence with respondent seeking reversal of this decision. After more than a week of unsuccessful correspondence, applicants filed an urgent chamber application on the eve of the Conference seeking to set aside the resolution and letter, and to be allowed to exercise voting rights at the Conference.

• Whether the application was properly brought on an urgent basis
• Whether the interim relief sought was final in nature and therefore inappropriate for urgent relief
• Whether applicants had exhausted alternative remedies available under section 51 of the Labour Act [Chapter 28:01]
• Whether an interdict could be granted against a decision that had already been taken and rights already determined
• Whether the respondent had locus standi to appear without proof of a resolution authorizing its participation

The urgent chamber application was struck off the roll with costs in favor of the respondent.

The binding legal principles established are: (1) An urgent application will be struck off the roll where applicants fail to demonstrate urgency by their conduct, particularly where they engage in protracted correspondence instead of immediately approaching the court; (2) Interim relief that is final in nature or has the same effect as the final relief sought cannot be granted on an urgent basis; (3) An interdict cannot be granted against a past invasion of rights or to restore rights already taken from an applicant at the time of the application; (4) Where the Labour Act provides an alternative remedy through section 51 (Ministerial supervision of trade union elections with appeal to Labour Court), applicants must exhaust that statutory remedy before approaching the High Court; (5) Matters involving trade unions constitute issues of national interest falling within the scope of section 51 of the Labour Act [Chapter 28:01].

The court observed that it was mischievous and contradictory for the deponent of the certificate of urgency to claim both that the matter was urgent and that it was reasonable to first seek an out-of-court settlement through correspondence. The court also noted that the wording in the founding affidavit clearly indicated the applicants were seeking "an interdict and declaratory relief," both of which have final effect, and that amending the draft order in these circumstances would not be appropriate as it would contradict what was stated in the founding affidavit. The court remarked on the inappropriateness of applicants challenging respondent's locus standi when they themselves had cited the respondent as a party to the proceedings.

This case is significant in Zimbabwean labour law jurisprudence for clarifying: (1) The principle that parties must exhaust statutory remedies, particularly those provided in the Labour Act, before approaching the High Court in trade union disputes; (2) The requirements for establishing urgency in labour-related matters, emphasizing that engaging in protracted correspondence contradicts claims of urgency; (3) That interim relief that is final in nature or effect will not be granted on an urgent basis; (4) That interdicts cannot be granted to restore rights that have already been determined or invaded prior to the application; (5) That disputes concerning trade union internal governance and elections are matters of national interest falling within the scope of section 51 of the Labour Act, which provides specialized remedies through the Minister and Labour Court.