NDOU
J: The applicant seeks the registration of the arbitral award granted
in their favour against the respondent. The applicant further seeks an
order for costs.
The salient facts of the matter are the following. The parties reached a
dispute the issues of which were referred to the Railway Employment Council for
conciliation and no agreement was reached. The issues were then referred
to the arbitrator for resolution who in turn referred the issues to a
specialist, Lawrence Gabilo in terms of Article 26 of the Arbitration Act 1996
for expert opinion. The arbitrator found in favour of the applicant and
granted the award on 7 November 2011. An application for registration of
the award was made to this court. The application is opposed by the
respondent who has since appealed to the Labour Court against the arbitral
award. The respondent obtained a provisional order at the Labour Court in
the following terms:
“Interim relief sought
Pending the
determination and/or finalization of the appeal filed with this court under
case number LC/MT/147/11 the applicant be granted the following relief:-
1.
The operation of the arbitral award preferred against the applicant be and is
hereby suspended.
2.
The respondent be and are [sic] barred from executing the
award in the event of its registration pending the finalization of the
appeal against the arbitral award.” (Emphasis added)
The applicant is aware of this Labour
Court award and it has since responded to it. The Labour Court is seized
with the matter rendering this application for registration and execution
incompetent and devoid of merit. The parties' issues are now before the
Labour Court and that court should finalise the appeal and the issue of
registration of the award will only arise in the event that the applicant is
successful in that court.
Accordingly, the application is dismissed with costs.
Majoko & Majoko applicant's legal practitioners
James,
Moyo-Majwabu & Nyoni respondent's legal
practitioners
