FORMER Highlanders coach Madinda Ndlovu claims the club owes him US$18,580 after he was axed at the beginning of September.
In papers filed with the High Court, Ndlovu is seeking a summary judgment against his former club.
His claim is based on minutes of an August 3 meeting at which the club’s secretary Andrew Tapela is said to have acknowledged the club’s indebtedness while also trying to renegotiate Ndlovu’s pay from US$5,000 per month to US$3,000.
Ndlovu’s claim has triggered a legal battle over process.
Lawyers for the club filed opposing arguments on Wednesday, saying the Bulawayo High Court had no jurisdiction to hear the “labour dispute”.
Highlanders’ lawyer Nicholas Mathonsi of Coghlan and Welsh argues: “Whether this dispute is over the termination of the employment contract or alleged unpaid salary, the fact remains that this is a labour dispute.
“For that reason, it is a matter falling within the jurisdiction of the Labour Court as provided for in Section 89 of the Labour Act, Chapter 28:01.
“Section 89 (6) of that Act provides that no court other that the Labour Court shall have jurisdiction in the first instance over labour disputes. That section specifically excludes the jurisdiction of this Honourable Court over the dispute between the parties and no amount of flummery with the minutes of the employer-employee meeting of the 3rd August 2008 can change that fact.”
Mathonsi, representing Highlanders chairman Themba Ndlela, urged the court to “register its profound displeasure and disdain against such flagrant abuse of process” by dismissing Ndlovu’s application with punitive costs.
Ndlovu, through his lawyer, Sindiso Mazibisa of Cheda and Partners says despite acknowledging “in a written and signed document that it owed Ndlovu the sum of US$18,580, Highlanders Football Club has refused or neglected to pay the said sums of money.”
Ndlovu’s agent and manager, Hosea Bhebhe, in his founding affidavit, argues that the Club has no genuine defence to Ndlovu’s claim and that the appearance to defend has been entered solely for the purposes of delaying the recovery of the money legitimately owed to Ndlovu.
Ndlovu was axed by the cash-strapped Premier League strugglers after a poor run of results. He is believed to be job-hunting in Botswana.
Judgement was reserved.