Fidelis Munyoro Chief Court Reporter
Zimbabwe Red Cross Society former secretary-general Ms Emma Kundishora will go ahead and attach four top-of-the-range vehicles to recover her severance package after the High Court dismissed the societyâs bid to block the move.The ruling follows the ZRCSâ urgent application at the High Court last year seeking a stay of the registration of an arbitral award of more than $24 000 in a dispute over a severance package.
But in a recent judgment Justice Erica Ndewere, ruled the matter was not urgent. She ruled that ZRCS failed to give a reasonable explanation for the failure to act timeously and bring the application to court for the relief sought.
The ZRCS, said Justice Ndewere, was never diligent in the handling of its case. She said the society did nothing for 15 days after the arbitrary award was granted against it.
Justice Ndewere further noted that the society also did nothing for another 17 days after the application to register the award in the High Court was made.
âNo reasonable explanation has been given for the failure to act timeously throughout this case,â said Justice Ndewere.
âI am of therefore of the view that the application is not urgent. It arises from self-created urgency caused by a failure to act timeously throughout the chronology of the case.â
In her judgment, Justice Ndewere also said Ms Kundishoraâs lawyers alerted ZRCS about its opposition filed out of time and told them about the automatic bar and that their opposition was improperly before the court.
She said even though ZRCS was invited by Ms Kundishoraâs lawyers, who instructed Adv Tawanda Zhuwarara to argue the matter on their behalf, he did not respond to the overture.
Ms Kundishora was given a top-of-the-range Landcruiser vehicle as part of her package when she resigned from the society a few years ago.
The society also offered to meet the transfer costs for the vehicle.
This was not done, prompting Ms Kundishora to sue the Red Cross before an arbitrator who ruled in her favour. She registered the award with the High Court to enable her to attach part of the Red Cross property to recover her dues.
The writ of execution was witnessed by Chief Justice Godfrey Chidyausiku and allowed Ms Kundishora to attach four top-of-the-range Landcruisers for a debt of $24 422.
But Red Cross, which was represented by Advocate Thabani Mpofu, contested the registration of the award, arguing that an appeal against the award was still pending before the Labour Court.