The National Employment Council (NEC) for Medical and Allied Industry secretary-general Brian Chabuka has appeared before the Harare magistrates court facing allegations of failure to comply with a High Court order arising from a dispute with a labour union.
Chabuka was jointly charged with Michael Sambo (44) NEC for Medical and Allied Industry executive member on charges of contempt of court.
The complainant is Medical Professional and Allied Workers Union (MPAWU) represented by Tecla Barangwe.
The complainant and Sambo had a misunderstanding over the control of MPAWU, which led both parties to appear before High Court where an order was granted in favour of complainant.
Sometime in 2013 during the inception of NEC for Medical and Allied Industry consisting of Employer Association and a Employees Association who constitute 50% each of the board.
During its inception Sambo was representing employees under the MPAWU.
Court documents state that in 2015 there was leadership wrangle, which led MPAWU to have two factions seeking control of the union.
The first faction was led by Sambo while the other segment belonged to Matenga Bond who was on the side of the complainant.
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The matter was taken to High Court under case HC 6375/22 contained in a judgement number HH308/ 24. In that High Court order both accused were the respondents and the complainant was part of the applicants in that matter.
On July 24 ,last year an order was granted by the High Court under HH 308/24 which ordered that pending the convening of the next congress of the first applicant NEC shall recognise the national council of the first applicant [MPAWU] as recognised in High Court judgement as the lawful leadership of the first applicant for purposes of representation of the first applicant in meetings of the third respondent .
Secondly the order stated that pending the convening of the next congress of the first applicant, the third respondent and hereby interdicted from dealing and or recognising the first and second respondents as leaders of the first applicant .
Thereafter, the court heard that Sambo made an appeal against judgement which was made in Supreme Court under case number SC 485/24, but the appeal was dismissed with costs.
After the appeal was dismissed, both accused persons were supposed to comply with the order issued by Justice Musithu but they defy the order.
Chabuka was also supposed to call for a board meeting as executive in implementing the judgement a position which is not done up to date.
On February 6 this year the complainant then further wrote a letter to Chabuka advising him to convene an urgent meeting of the NEC since the complainant was now a member of the council.
A response from Sambo's law firm responded representing all accused persons citing that they were unable to accede to their request and as such they continue defying the court order.
As such the accused persons defied a court order issued by both High Court and Supreme Court of Zimbabwe.
The matter was remanded to March 5.
