Effect given to the recommendations of the committee and the Governing Body - Report No 400, October 2022

Effect given to the recommendations of the committee and the Governing Body

1. 71. The Committee last examined this case in which the complainant, the Zimbabwe Congress of Trade Unions (ZCTU), alleged violations of collective bargaining rights, restrictions on the right to demonstrate, illegal dismissal of trade union leaders, the arrest and criminal prosecution of a trade union leader following participation in a demonstration, at its October 2019 meeting [see 391st Report, paras 545–577]. On that occasion, the Committee made the following recommendations [see para. 577]:
   • (a) The Committee urges the Government to take all necessary measures to ensure that the CBA is implemented by the parastatal company in question or that a settlement is fully negotiated with the union without further delay. It requests the Government to keep it informed of all steps taken to that end.
   • (b) The Committee requests the Government to transmit the considerations of this case to the relevant judicial authorities and to transmit a copy of the final decision once it is handed down.
   • (c) The Committee urges the Government to address the issue of dismissed employees as per its commitment expressed during the meeting of 11 April 2019 and to provide information in this regard as a matter of urgency.
   • (d) The Committee requests the Government to provide without delay detailed information on the circumstances of the arrest of Mr Masvingwe, the exact charges brought against him and the outcome of the trial.
2. 72. In its communications dated 12 April 2019, 23 March and 17 May 2021 and 1 February 2022, the Government indicates that the collective bargaining agreement (CBA) of 2012 was fully implemented by the Zimbabwe Electricity Supply Authority (ZESA), that workers were paid their dues in accordance with the CBA and there are no salary arrears for the employees. The Government also indicates that the parties have also negotiated a number of CBAs which have been registered and also implemented without any challenges. The Government further indicates that following its intervention, the dismissed workers were reinstated without loses of salaries and benefits.
3. 73. In its communication dated 17 May 2021, the Government informs that Mr Masvingwe's case is still pending at the Magistrate Court awaiting the determination of his challenge to the High Court.
4. 74. The Committee takes due note of the information provided by the Government regarding the implementation of the CBA at the parastatal electricity company. It further noted with interest the reinstatement of workers.
5. 75. The Committee regrets that the Government provides no new information regarding the situation of Mr Masvingwe since its communication dated 17 May 2021. The Committee recalls that Mr Masvingwe was arrested during a demonstration on 13 March 2018 and that according to the complainant, while he was not being detained, he was facing criminal charges with the trial initially set for 25 April 2018. The Committee observes that more than four years have passed since the arrest. The Committee urges the Government to provide without delay detailed information on the circumstances of the arrest of Mr Masvingwe, the exact charges brought against him and the outcome of the trial. The Committee requests the ZCTU to provide all information on the developments in this regard.