The Federation of Zimbabwe Educators Union (FOZEU) has vowed to intensify its efforts to secure collective bargaining rights for civil servants through legislative action, following a High Court ruling that dismissed its application to enforce these rights.
In a statement, FOZEU expressed its disappointment with the court’s decision, accusing the judiciary of overlooking crucial constitutional issues related to teachers’ salaries and working conditions. The High Court ruled that the union’s case was “academic” and lacked a “live dispute,” but FOZEU maintains that a significant conflict exists between educators and their employer.
“The court did not delve into the merits of the application,” FOZEU stated. “Sections 19(1), 20, and 31(1) of the Public Service Act, as well as Statutory Instrument 141 of 1997, are inconsistent with the spirit of the Constitution, which guarantees the right to collective bargaining.”
The union, along with other teachers’ organizations, has been seeking the reinstatement of pre-2018 salaries of US$540 and is now demanding a fair wage of US$1,260 to keep pace with Zimbabwe’s soaring cost of living. Teachers have been engaging in sit-ins and declaring incapacitation, which FOZEU says are affecting over six million learners nationwide.
FOZEU strongly disagreed with the court’s assessment that there was no live dispute. “We maintain that a live dispute exists,” the union said. “Teachers are on strike because they are incapacitated, yet the learned judge did not consider this a dispute.”
The union further condemned the National Joint Negotiating Council (NJNC), responsible for negotiating civil servant salaries, as an “illegitimate” body. FOZEU claimed that NJNC meetings are merely a façade of progress, yielding no tangible results for teachers.
“The employer has been using the NJNC to create a false sense of normalcy in the sector,” the union said, accusing the government of working with “sweetheart unions” that do not represent the interests of civil servants. “We will continue to boycott the sham NJNC process.”
Despite the legal setback, FOZEU plans to shift its focus to parliament, aiming to amend the Public Service Act. The union is advocating for legislative reforms that will enshrine the right to collective bargaining, fair wages, and the right to strike, all of which, they argue, are guaranteed by the Constitution but remain unattainable for civil servants.
“We will engage the second session of the 10th parliament to progressively amend the Public Service Act,” FOZEU announced. “Our goal is to ensure that the right to collective bargaining, the right to a fair wage, and the right to strike are fully incorporated into the law.”
FOZEU also indicated that while it would return to the classrooms, it would not retreat from its fight for educators’ rights. “Given that the courts have refused to grant us the relief we sought, we are going back to the classrooms to engage in a ‘massive push back from below,’” the union stated.
