Continuity of National Employment Councils amidst legal reforms: An analysis of the new section 56 of the Labour Act (Chapter 28:01)
Sr No:
3
Page No:
21-31
Language:
English
Licence:
CC BY-NC 4.0
Authors:
Rose Mambo*
Published Date:
2026-04-18
Abstract:
The Labour Amendment Act 11 of 2023 in Zimbabwe, which repealed and redefined s 56 of the Labour Act [Chapter 28:01], has raised significant concerns regarding the ongoing existence and effective functioning of the National Employment Councils (NECs). These bodies are central to Zimbabwe's industrial relations system, playing a crucial role in facilitating collective bargaining and resolving disputes. This paper offers a critical analysis of the legal and institutional framework governing NECs, focusing on how the recent legislative changes have substantially altered their legal status and operational capacity, thereby creating considerable uncertainties within the legal environment. The landmark case of DGL Investments (Pvt) Ltd v Martin Ndlovu & 14 Others exemplifies judicial interpretation of these legislative changes, effectively ruling that voluntary NECs have 'ceased to exist' following the enactment of the amendment, which casts doubt on their continued legitimacy and practical relevance. The fallout from this ruling includes disruptions to dispute resolution processes and the weakening of tripartite governance structures, raising broader concerns about the stability of industrial relations. Different stakeholders' perspectives vary; employers worry about reduced bargaining leverage, workers and unions face challenges in maintaining collective voice, designated agents of NECs encounter operational uncertainties, and government labour officials struggle with enforcement and oversight issues. Overall, these developments threaten to destabilise Zimbabwe's tripartite framework, potentially undermining core principles of collective bargaining and industrial harmony. The paper concludes with specific recommendations for legal and policy reforms aimed at clarifying the legal status of NECs, restoring their operational capacity, and strengthening Zimbabwe's commitment to a robust tripartite labour relations system, in line with constitutional provisions and international labour standards.
Keywords:
National Employment Councils, collective bargaining, Labour Amendment Act, tripartism, Zimbabwe, designated agents, labour dispute resolution.