BY JAMES MUTASA

The National Union of Metal and Allied Industries in Zimbabwehas been given the power of attorney to represent 30 employees of Hongji minerals in their dispute with their employer.

Ruziwa’ award comes after Hongji Minerals’ legal representative Matou Nomthandazo Tlou of Machekano Law Practice had raised preliminary points arguing that the union had signed the claim in its own name.

“The National Union of Metal and Allied Industries in Zimbabwe is nothing but an entity representing the claimants, which claimants are the ones who possess a direct and substantial legal right in the cause of action. The claimants are the ones with the legal right to institute the current legal proceedings. In the absence of a direct and substantial legal right in the cause of action and remedy thereof, the National Union of Metal and Allied Industries in Zimbabwe ought to have established a direct and substantial legal right in the matter by obtaining direct authorization to institute the current legal proceedings by way of Attorney from each claimant.’ Matou said.

Convinced by Matou’s point, Ruziwa stated in his award that, ‘‘I made the following findings in respect of the point in limine raised by the respondent that the proceedings were initiated without demonstrated authority, that no mandate existed at the time of filing, that no mandated cannot be presumed or cured retroactively in the absence of documentary proof.

‘‘Having taken into account all the facts placed before the tribunal, I hereby order that the preliminary point on locus standi is hereby upheld. The statement of claim is hereby dismissed for want of proper mandate. However, such dismissal is without prejudice to allow for access to justice. The claimants, individually or through a dully authorized representative, remain at liberty to refile a properly constituted claim, accompanied by statutory mandates or powers of attorney.’ Ruziwa awarded.

Nomatter Simondala one of the 30 affected Hongji Minerals employees told The Worker publication that they were going to provide NUMAIZ’ with the powers of attorney such that the union proceeds with their quest for justice.

‘‘We will provide the union with documentary proof required by the arbitrator to prove that we have mandated it to institute this legal proceeding on our behalf. We believe we have a strong case against Hongji Minerals,’’ Simondala said.