LAWYERS representing the Zimbabwe Hospital Doctors Association’s (ZDHA) request to have the case deferred to Thursday afternoon has been granted following indications that government failed to furnish the courts with enough evidence relating to the case.
By Michael Gwarisa
The ZHDA through their lawyer, Mr Douglas Coltart requested for minutes from the meeting held between the Public Service,Labour and Social Welfare minister Sekai Nzenza and the ZHDA acting secretary general, Dr Twanda Zvakada which the applicant failed to submit amongst other documents.
This is now the second time that the labour court has sent this matter back to the minster of labour. The first time was for failure to give reasons and failure to give a preliminary point. The minister determined a preliminary point but failed to give reasons as to why she issued the show cause order.
“The matter is now being sent back again to the minister. Number one is to give reasons as to why she issued the show cause order and number two is to place a full record before the court. And what we are expecting from that record are full minutes of the hearing before the labour court including oral evidence which was laid by Dr Zvakada about the incapacitation of doctors because doctors are saying we are not on strike, we are not unwilling to work but we are unable, we are incapacitated” said Mr Coltart.
He added that the HSB actually made a concession that doctors were indeed incapacitated but however the employer was insisting that the doctors should just go to work just like every other civil servant.
“With respect, once you make that concession that doctors are indeed incapacitated, that’s the end of the matter. Its not a strike, doctors are simply unable to go to work.”
Labour Court Judges, Mr Rodgers Manyangadze and Mr Lawrence Murasi granted the application and ordered the ministry of labour and health services board to furnish the court with the requires documents Wednesday at 12:00 pm and the matter will heard again on the merits by the labour court on Thursday on 14:00 hours.