Registration of Labour Awards in Zimbabwe

Following the issuance of an arbitral award by an arbitrator emanating from compulsory arbitration, any party to whom the arbitral award relates may submit for recognition and enforcement also known as registration a copy of the arbitral award.

An arbitral award in Zimbabwe whether issued under the Arbitration Act [Chapter 7:15] which adopted the Model Law in Zimbabwe or in terms of section 98(2) of the Labour Act [Chapter 28:01] is not self – executing. It needs to be registered for purposes of execution. The registration of a labour award in Zimbabwe therefore converts that award into a civil judgment which is capable of enforcement in terms of the rules of court since the Labour Court and related arbitral tribunals have no machinery for enforcing their judgments. see Emeza Trading (Pvt) Ltd v Yellowcob Enterprises (Pvt) Ltd 2019 (3) ZLR 829 (H).

1. Is the Registration of a Labour Award in Zimbabwe a Formal Process?

Whilst arbitral proceedings, whether in domestic or international arbitration, labour or commercial are in general flexible in nature, the registration of awards in Zimbabwe is a formal procedure. The law on registration of labour arbitral awards and labour court judgments is now a matter of settled law. see CFI Holdings Ltd t/a Farm & City v Machaya SC 37-23.

The registration of a labour award in Zimbabwe is a formal court process which process may be filed as a court application with the Magistrates Court or as a Chamber Application in the High Court to a Judge in Chambers as neither the Magistrates Court Act [Chapter 7:10] nor Magistrates Court (Civil) Rules, 2019 currently provide for chamber applications. see Dhlomo – Bhala – Lowveld Rhino Trust 2013 (2) ZLR 179 (H).

2. Which Court Has Jurisdiction to Register a Labour Award in Zimbabwe?

A labour award in Zimbabwe may be registered with either the Magistrates Court or the High Court. In terms of section 98(13) of the Labour Act [Chapter 28:01], any Magistrates Court which would have jurisdiction to make the award, or if the award exceeds the jurisdiction of any Magistrates Court, the High Court. The current requisite jurisdiction of the Magistrates Court to ascertain whether it can register a labour arbitral award in Zimbabwe is the Magistrates Court (Civil Jurisdiction) (Monetary Limits) Rules, 2023.

Currently, the monetary jurisdiction of the Magistrates Court in Zimbabwe is USD$50,000.00. Resultantly, an arbitral award to the tune of USD$50,000.00 or the equivalent using the prevailing interbank rate can be registered with any Magistrates Court. Resultantly, the High Court of Zimbabwe has monetary jurisdiction to register labour arbitral awards in Zimbabwe which exceed the sum of USD$50,000.00 or the equivalent using the prevailing interbank rate.

It therefore stands to reason that a labour decision, order, determination or award may be registered in Zimbabwe with either the Magistrates Court or the High Court for purposes of enforcement.

3. What is the role of the Court in the registration of arbitral awards in Zimbabwe?

The Constitutional Court in Biltrans Services (Pvt) Ltd v Minister of Public Service, Labour & Social Welfare & Others 2016 (2) ZLR 306 (CC) held that, in registering an arbitral award the Magistrates Court and the High Court are not carrying out a mere clerical function. The registration of a labour arbitral award in either the Magistrates Court or the High Court in Zimbabwe is only done for purposes of enforcement as the Labour Court does not at present have an enforcement mechanism. Thus, the enforcement mechanism i.e., registration of a labour arbitral award in Zimbabwe is therefore an administrative act which applies to all lawful and competent awards issued by labour arbitrators in the country. see Muronzerei v Petrotrade (Pvt) Ltd 2014 (1) ZLR 237 (H).

The registration of a labour award in Zimbabwe is procedural in nature. The Magistrates Court or the High Court may not go into the merits of the award in deciding an application for the registration of an arbitral award in Zimbabwe as this is jurisdiction of the Labour Court upon an application for review or an appeal on a point of law, the Magistrates Court or the High Court must be satisfied before registration of a labour arbitral award in Zimbabwe that the award complies with the necessary requirements for registration. see Nehowa v Barep Investments (Pvt) Ltd 2012 (2) ZLR 176 (H).

Furthermore, an application for registration of an arbitral award with either the Magistrates Court or the High Court presupposes that there is no application made or pending before the Labour Court for an interim order suspending the execution of the labour award. In Zimbabwe, a party is precluded from submitting for registration a labour arbitral award that he or she knows is the subject of an interim determination suspending its execution pending appeal. Thus, the registering court i.e., the Magistrates Court or the High Court would be required to take into account the fact that there is at the time of entertaining the application for registration no application pending before the Labour Court for an interim determination suspending the execution of the decision appealed against.

4. What are the requirements to register a labour award in Zimbabwe?

The requirements to be satisfied before the High Court or the Magistrates Court may grant an application for the registration of a labour arbitral award in Zimbabwe were spelt out in the case of Mvududu v Agricultural and Development Agency 2011 (2) ZLR 449 (H) as follows:

• (a) The award must have been granted by a competent arbitrator;
• (b) The award must sound in money;
• (c) The award is still extant and has not been set aside on review or appeal;
• (d) The litigants are the parties to the award; and
• (e) The award must have been duly certified as an award by the arbitrator.

Once an applicant has satisfied the aforesaid requirements to register a labour arbitral award in Zimbabwe, he or she is entitled as a matter of right to have the labour arbitral award registered with either the Magistrates Court or High Court in terms of section 98(14) of the Labour Act [Chapter 28:01]. The registration of a labour arbitral award gives the award the effect of a civil judgment, enabling it to be enforced through the Sheriff of the High Court or the Messenger of Court in the Magistrates Court.

5. Can one oppose the registration of a labour award in Zimbabwe?

An aggrieved party has every right to acquiesce to, or to oppose, the registration of a labour arbitral award in Zimbabwe. see Trust Me Security Organisation v Mararike & Others 2014 (1) ZLR 789 (H). Once an applicant has satisfied the five requirements of registration of a labour arbitral award in Zimbabwe, namely that: (a) the award must have been granted by a competent arbitrator, (b) the award must sound in money either in the main or in the alternative, (c) the award is still extant and has not been set aside on review or appeal, (d) the applicant is a party to the proceedings and (e) the copy of the labour arbitral award submitted for registration is a duly certified copy in terms of section 6 of the Labour (Settlement of Disputes) Regulations, 2003 and 98(13) of the Labour Act [Chapter 28:10] i.e., Form L.R. 7 and Form L.R. 9.

Partial compliance with an arbitral award does not affect the registration of the award with either the Magistrates Court or the High Court. see Wells & 66 Others v Dunstan Transport (Pvt) Ltd HH 787-15.

In Dudka & Others v Cheni Investments (Pvt) Ltd 2011 (1) ZLR 1 (H) 6, it was held that:

“I agree with the submissions made on behalf of the applicants that an award takes effect upon its grant. Its execution has no effect on whether it is binding or not. A party can choose to obey an award, such that there would not be need for the award to be registered. Registration allows for execution.”

The Magistrates Court or High Court cannot for instance, register a labour arbitral award other than that which was obtained from the arbitrator. Neither can the Magistrates Court or High Court register an arbitral award which does not sound in money. see Mandiringa v National Social Security Authority & Others 2005 (2) ZLR 329 (S).

A labour arbitral award sought to be registered with either the Magistrates Court or the High Court must be final and binding. The legislature in Zimbabwe does not provide for the divisibility of labour awards. In other words, the High Court or Magistrates Court cannot register a part or portion of an award that sets out specific sums as being due to an applicant and sever the award. see Matthews v Craster International (Pvt) Ltd 2020 (2) ZLR 1023 (S).

It is therefore possible in Zimbabwe to oppose the registration of a labour award. However, any opposition to the recognition and enforcement i.e., the registration of a labour award in Zimbabwe is upon production of cogent proof of compliance with the requirements. see Redcliff Municipality v Mawedzere; Redcliff Municipality v Buka 2020 (1) ZLR 981 (H).

6. Whether the noting of an appeal or the filing of an application for review of an arbitral award with the Labour Court affects the registration of a Labour Arbitral Award in Zimbabwe?

The Supreme Court in Lowveld Rhino Trust v Dhlomo - Bhala 2020 (1) ZLR 457 (S) held that the noting of an appeal or the filing of an application for the review of an arbitral award with the Labour Court does not affect the registration of a labour arbitral award in Zimbabwe.

In Air Zimbabwe Holdings (Pvt) Ltd v Chiweshe & Others 2019 (1) ZLR 311 (S) it was held that an arbitral award is binding upon everyone to whom it pertains until it has been set aside. Resultantly, as long as an arbitral award has not been suspended or set aside on review by the Labour Court or on appeal by the Labour Court, there is no basis upon which a Magistrates Court or the High Court can decline the registration of a labour award. see Samudzimu v Dairiboard Holdings Ltd 2010 (2) ZLR 357 (H) 360D.