Enforcement of Labour Court judgments in Zimbabwe: Lessons and perspectives from Southern Africa
Authors Tapiwa Givemore Kasuso
Affiliations: Lecturer, Midlands State University, Gweru, Zimbabwe
Source: Industrial Law Journal, Volume 39 Issue 3, 2018, p. 1415 – 1435
The Constitution of Zimbabwe establishes a Labour Court with exclusive jurisdiction over an exhaustive list of labour matters. Its purpose is to secure the just, effective, and expeditious resolution of labour disputes. Regrettably, the Labour Court was deprived of the power to enforce its orders, both ad pecuniam solvendam and ad factum praestandum. Labour Court orders ad factum praestandum are not enforceable at all. Only orders sounding in money are able to be registered with the civil courts for enforcement purposes. This procedure for registration and enforcement is complicated, expensive, and a fertile ground for forum shopping. It inhibits the realisation of speedy social justice. The article critically analyses the registration and enforcement procedures of Labour Court orders in Zimbabwe. In so doing, a comparative analysis of the jurisdictions of selected southern African countries is undertaken. It concludes that the panacea for the problems bedevilling Zimbabwe is to clothe the Labour Court with its own enforcement mechanisms.