economic sabotage involved a political agenda, as was evidenced by the union’s president
becoming the leader of the MDC.
203. The Committee reiterated the importance of a climate in which violence was not tolerated. It
recommended that independent inquiries be established in relation to the assault and arson,
and trusted that the Government would refrain in future from restricting the right of workers’
organizations to protest in respect of social and economic policies affecting workers, noting in
this regard the existence of a draft Labour Relations Amendment Bill, which appeared to so
restrict protest action.
204. This case was followed up by the Committee until 2007. Despite amendments to the Labour
Relations Act, now the Labour Act, 124 concerns remained. The Government continued, until
2007, to reiterate its position that independent inquiries in these cases were not appropriate
and that further legislative amendments in accordance with the Committee’s requests were not
required. The Committee regretted the Government’s “continued and long-standing failure to
cooperate”. 125
205. In 2000, Case No. 2081 was brought by the ZCTU concerning the power provided for in the
Labour Relations Act for the Government to register and deregister trade unions and cause
investigations into trade unions. Specifically, the ZCTU asserted that in February 2000 an
investigator had been appointed to look into the ZCTU’s affairs. The Government indicated
that such provisions were necessary to ensure that funds and properties were being used for
workers’ activities. The Government contended that the ZCTU’s formation of a political party
– the MDC – was resented by some trade unions affiliated to it, as the MDC was using the
union’s offices and facilities.
206. The Committee considered that the legislation infringed the requirements of the Conventions
in that it entitled public authorities to enter trade union premises without prior authorization,
provided for searches without a court warrant and allowed investigators to inspect financial
and other records. The Committee held that in practical terms the investigation prohibited the
ZCTU from engaging in political activities. The Committee recalled that governments should
not attempt to interfere with the formal functions of a trade union movement because of its
freely established relationship with a political party, and that provisions imposing a general
prohibition on political activities by trade unions were contrary to the principles of freedom of
association. Accordingly, the Committee urged the Government to stop the investigation into
the ZCTU, and to introduce legislative amendments to the Labour Relations Act in this
124
The Labour Relations Act until 7 March 2003, when the Act’s short title was changed to the
Labour Act by the Labour Relations Amendment Act 17/2002.
125
344th Report of the Committee on Freedom of Association, Official Bulletin, Vol. XC, 2007,
Series B, No. 1, para. 247. See also 331st Report of the Committee on Freedom of Association,
Official Bulletin, Vol. LXXXVI, 2003, Series B, No. 2; 332nd Report of the Committee on Freedom
of Association, Official Bulletin, Vol. LXXXVI, 2003, Series B, No. 3; 333rd Report of the
Committee on Freedom of Association, Official Bulletin, Vol. LXXXVII, 2004, Series B, No. 1;
336th Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVIII,
2003, Series B, No. 1; and 340th Report of the Committee on Freedom of Association, Official
Bulletin, Vol. LXXXVIX, 2006, Series B, No. 2.
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