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The Right of Audience of a Trade Union Representation before the Labour Court in Zimbabwe

Section 92 of the Labour Act [Chapter 28:01] in Zimbabwe provides for a Trade Union Representative’s right of audience before the Labour Court. It provides for persons who have a right of audience before the Labour Court in Zimbabwe. This means that a party to a matter which is before the Labour Court in Zimbabwe pursuant to section 92 of the Labour Act [Chapter 28:01] may appear in person or be represented by:

• A company director, company secretary, company legal advisor or person in charge of human resources or personnel management on behalf of the employer;

• A legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07]; or

• An official or employee of a registered Trade Union or Employers Organization of which the party is a member.

This position was set out by the Supreme Court of Zimbabwe in Kambadza v Zimbabwe Leaf Tobacco Company (Pvt) Ltd SC 113-24 at page 5 as follows:

“Section 92 provides for persons who have a right of audience before the Labour Court. Section 92 (a) provides that a registered legal practitioner has a right of audience before the Labour Court. That is consistent with s 8 (2) (a) of the Legal Practitioners Act which provides that a registered legal practitioner has the right of audience in any court in which persons have a right to be legally represented. Section 92 (b) provides that an official or employee of a registered trade union or employer’s organisation of which the party is a member has the right of audience in the Labour Court. The provisions of s 92 (2) (b) provide for a trade union official or employee the right of audience in the Labour Court. They do not give an official of a trade union a right of audience in other courts.”