Makori,with him, W. Magaya, for the applicantT. Machiridza, for the respondents. MAFUSIRE J: On 31 January 2015, I granted an ex tempore order directing the forty three respondents to release immediately the forty three heavy duty haulage trucks, together with their cargo, trip documentation for those trucks, and all other property of the applicant which the respondents had unlawfully embargoed and parked at Beitbridge, Harare and Chirundu.The respondents were part of a group of one hundred and forty five Zimbabwean nationals employed as transnational haulage truck drivers by the applicant, a South African company that carried on the business of freight forwarding. The drivers transported cargo of various types to customers in most Southern African countries that included Botswana, Malawi, Mozambique, Namibia, Zambia and Zimbabwe.The respondents went on strike. Their major grievance was that the applicant should summarily dismiss the applicant’s operations manager, whom they accused of all manner of evil, including the making of unlawful deductions on their wages. They also complained of general abuse at his hands.Apparently feeling that the applicant was not moving fast enough to address their grievances, the respondents coordinated their efforts. On 21 January 2015, when they had all entered Zimbabwe en route to their various destinations, the respondents aborted their trips. Each of them parked their vehicles, all laden with cargo destined for the different markets, at various premises at three ports in Zimbabwe, namely Beitbridge, Harare and Chirundu.The cargo was said to be worth millions of Rand. Each day that passed was costing theapplicant huge sums of money. Threats of legal action from the owners or consignees of that cargo started pouring on the applicant. Efforts to engage the respondents in dialogue proved fruitless. At one time an agreement negotiated with the assistance of the parties’ Zimbabwean legal representatives collapsed. At the last minute the respondents refused to append their signatures on the written draft.Apart from seeking a negotiated settlement the applicant also pursued the legal route. On 23 January 2015 it obtained from the Labour Court of South Africa at Durban, a rule nisi calling upon the respondents to show cause why their strike should not be declared unlawful. The rule nisi would operate as an interim interdict. However, the respondents ignored the order. They did not return to work.The applicant switched the legal fight to Zimbabwe. They first sought a “show cause” order from the Zimbabwean Mini...
