Effect given to the recommendations of the committee and the Governing Body - REPORT_NO327, March 2002

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

1. 133. The Committee last examined this case at its November 2001 meeting in which it once again requested the Government to: (1) establish a thorough and independent inquiry into the assault on Mr. Morgan Tsvangirai and the arson of the ZCTU offices; (2) provide a copy of the high court judgement concerning the case brought by the ZCTU concerning the temporary ban on industrial action issued in November 1998; and (3) to keep it informed on the state of the Labour Relations Amendment Bill of 1999.
2. 134. In a communication dated 9 January 2002, the Government reiterates that the assault case concerning Mr. Tsvangirai was handled through the ordinary courts of law and the alleged assailant was acquitted. Given the competency of the courts to deal with issues of common assault, it is difficult if not impossible to set up an independent inquiry into this matter. Such a precedent would result in everyone calling for the establishment of an independent inquiry if the outcome from the court proceedings is not in his or her favour. As concerns the arson of the ZCTU offices, the Government states that the investigations are still pending with the police. The Government also states that it is not aware of any court judgement concerning a temporary ban on industrial action in November 1998, but that it will liase with both the ZCTU and the High Court in respect of this matter and keep the Committee informed. Finally, the Government states that the Labour Amendment Bill is currently before the Parliament.
3. 135. The Committee takes note of this information. It regrets that the Government maintains its previous position concerning the case of assault against Mr. Tsvangirai. As concerns the precedent complained of by the Government if it were to open an independent investigation into this matter, the Committee considers that the acquittal of the alleged assailant is not a question of a favourable or unfavourable outcome, but is rather an indication that the necessary inquiry has not yet been made to uncover the facts in this case. The Committee would therefore once again urge the Government immediately to take the necessary measures to institute an independent investigation into this matter and to keep it informed of the outcome, as well as the outcome of the investigation into the arson of the ZCTU offices. Finally, the Committee requests the Government to keep it informed of any progress made in the amendments to the Labour Relations Act and to keep it informed of any further information it may receive concerning the ZCTU case before the High Court.