The application
for registration was granted on July 9 this year.
Mashumba cited
the MDC-T and a labour officer, Constance Kadenga, as first and second
respondents, respectively.
The
registration of the ruling at the Labour Court paves way for legal action that
may result in the attachment of MDC-T's property if the party fails to settle
the debt.
The original
ruling, which ordered Mwonzora to pay Mashumba the outstanding amount, had not
been registered with the court, limiting its enforceability.
By registering
the order, Mashumba has acquired the legal basis to enforce the ruling through
the sheriff of court.
Mashumba worked
for the opposition MDC-T party as chief aide to the presidium but fell out with
the leader over political differences.
“I was employed
by the first respondent (MDCT) as the chief aide to the presidium on the 1st of
April 2020 on a salary of US$550 per month and a cellphone allowance of US$50,”
Mashumba said in his founding affidavit.
“On the 21st of
October 2021, the applicant and first respondent appeared before the second
respondent (Kadenga) in conciliation proceedings, which yielded no results;
hence, a certificate of no settlement was issued.
“The first
respondent failed to submit notice of response after being served with the
statement of claim. As such, on the 16th of November 2021, I filed my statement
of claim against the first respondent. On the 16th of May 2022, the second
respondent proceeded to make a draft ruling, which was in my favour."
Kadenga's draft
ruling was not confirmed by the Labour Court in terms of section 93(5)(a) of
the Labour Act then.
The
introduction of section 128 by the Labour Amendment Act 2023 permits
registration of that ruling as an order of the court for execution. Newsday
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