DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 32/18 Civil Appeal No. SC 807/16 “Given the fact that Arbitrator Bvume’s award was neither challenged and set aside, it remains binding… I as an Arbitrator, cannot properly set aside a subsisting arbitral award by a brother arbitrator. The award however, was not conclusive and there were outstanding items for resolution and clarification.” (my emphasis) He clearly was aware of the legal position regarding his competency or lack thereof, to interfere with a fellow arbitrator`s decision. Despite this, he seemed to have entertained the notion that he could vary, amend or supplement the latter’s award. This is evidenced by the latter part of the statement cited above. This is clearly not permissible at law, as illustrated by the authorities cited below. Section 98(9) of the Labour Act [Chapter 28:01] provides that: “(9) In hearing and determining any dispute an arbitrator the Labour Court.” shall have the same powers as Thus when an arbitrator makes an award, his position is akin to that of a court of law. A court is defined to mean all its judges sitting alone or with other judges. This is because they have the same powers and exercise parallel jurisdiction. Arbitrators are no different in this respect. Accordingly, the res judicata and functus officio legal principles will apply should the matter be brought before the same or a different judge, or in this case, arbitrator. The learned authors Herbstein & Van Winsen “The Civil Practice of the High Courts and the Supreme Court of Appeal of South Africa” 5th Ed state that: 10