High Court Ruling Stalls Teachers' Push For Better Salaries
Teachers in Zimbabwe have faced a setback in pursuing better salaries after the High Court dismissed their application for improved working conditions, reported NewsDay.
Several teachers’ unions brought the case, including the Zimbabwe Teachers Association, Progressive Teachers Union of Zimbabwe, Amalgamated Rural Teachers Union of Zimbabwe and Educators Union of Zimbabwe.
The unions had sued the government over poor salaries and working conditions.
They cited the Public Service Commission, which established the National Joint Negotiating Council (NJNC), through the Public Service Act responsible for determining salaries and working conditions.
They also cited President Emmerson Mnangagwa, ministers Mthuli Ncube (Finance, Economic Development and Investment Promotion), Ziyambi Ziyambi (Justice, Legal and Parliamentary Affairs), July Moyo (Public Service and Social Welfare) and Attorney-General Virginia Mabiza as respondents.
In their application, the unions, represented by Matika, Gwisai and Partners argued that the NJNC violated their rights to collective bargaining.
They sought a declaratory order based on section 85(1) of the Constitution, which guarantees this right.
However, High Court Judge Justice Lucy Mungwari dismissed their application. Ruled Justice Mungwari:
Put simply, the respondents allege that the applicants did not plead any consequential or tangible benefit they would obtain from such a declaration.
There is no dispute between or among these parties. The contestation raised is academic. The applicants do not allege that the respondents have in any way barred them from exercising the rights conferred by the particular sections of the Constitution which they cite.
They cannot base their motion for the declaration of constitutional invalidity of the said sections on an academic apprehension. If the court were to grant the order they seek, it will be nothing but an order in the abstract.
Justice Mungwari ruled that the applicants needed to provide additional arguments if they wished for the court to consider their case. She said:
They ought to have shown that they are embroiled in a wrangle with the respondents who have refused to abide by what they perceive as their constitutional rights.
They did not plead a tangible benefit that they would obtain from the granting of the order that they seek.
There is no background dispute against which the constitutionality and invalidity of the impugned provisions is anchored.
The applicants’ application be and is hereby dismissed in its entirety.
The teachers contended that they were denied their right to a collective bargaining process.
In 2022, civil servants abandoned the National Joint Negotiating Council (NJNC) after years of unproductive meetings aimed at negotiating salaries and working conditions.
At that time, they demanded at least US$540 for the lowest-paid workers, a request which the government did not fulfil.
Currently, they seek US$1,260 due to rising living costs, exacerbated by the depreciation of the local currency, the ZiG.
In July 2022, teachers’ unions under the banner Federation of Zimbabwe Educators Union withdrew from the NJNC, citing its failure to uphold labour rights as guaranteed in section 65(1) of the national Constitution.
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