via Chiyangwa to lose property | The Herald 25 November 2014 by Daniel Nemukuyu
EIGHTEEN workers of Crittal Hope Private Limited, a company linked to business mogul Philip Chiyangwa, have been granted the nod to attach the firm’s property over outstanding retrenchment packages amounting to $384 000. The workers, who were represented by top labour lawyer Mr Caleb Mucheche of Matsikidze and Mucheche Law Chambers, last week obtained a writ of execution after Crittal Hope failed to pay the debt despite demand.
Part of the writ reads:
“You (Sheriff) are required and directed to attach and take into execution the movable goods of Crittal Hope Pvt Ltd, the above mentioned respondent, of Corner Cranberra Road/Greenock, Workington, Harare and of the same cause to be realised the sum of $384 588,61 for the above named applicants in the above mentioned suit realised from High Court order dated September 30 2014.
“Further, pay to the said applicants or their legal practitioners the sum or sums due to them with costs as above mentioned, and for your so doing this shall be your warrant . . .”
The High Court in September, registered an arbitral award for payment of the money, a development that gave the workers the green light to attach property from the company if payment was not made.
Arbitrator Mr Joel Mambara in December last year awarded the retrenched workers packages ranging from $2 600 to $58 000 each.
On October 30 2012, Crittal Hope, which was struggling to pay its workers, got a ministerial order to retrench the 18 workers.
Payment of the packages was to be done within six months from the date of issuance of the order.
By the end of April last year, Crittal Hope had not paid the packages in question, resulting in the workers taking the matter for conciliation and finally arbitration.
Mr Mucheche represented the workers, while Tamuka Moyo Attorneys acted for Crittal Hope.
Mr Mambara ruled that the company had already agreed to pay the amounts, but it appeared before him pleading for mercy with dirty hands.
“Clearly, the respondent has failed to abide with the retrenchment package period of payment,” he said. “It is approaching this tribunal with dirty hands and is pleading for mercy.”
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