- April 18, 2019
- Posted in LOCAL
The battle for control of small-scale miners’ representative group, the Zimbabwe Miners Federation (ZMF), has taken a new twist after 49 affiliates out of a possible 54 resolved to back the Supreme Court appeal against a High Court order nullifying the election of the current executive.
The affiliates met in Kwekwe under the banner of the ZMF Special General Council Meeting that was the second since the June 2018 elections that ushered in the Henrietta Rushwaya-led executive.
In resolutions signed off by the federation’s General Council chairman Mr Makumba Nyenje, the miners resolved to give the current leadership the mandate to represent them in court processes with which they hope to get an affirmation of the current leadership as the legitimate authorities of ZMF.
In her ruling late last month, Bulawayo High Court judge, Justice Nokuthula Moyo, noted that the election of the current executive was flawed and thus null and void.
“The court a quo erred at law and grossly misdirected itself in failing to find as it ought to have done that capacity to depose to an affidavit is determined by one’s ability to swear positively to the facts,” argued Antonio and Dzvetero Legal Practitioners.
“The court a quo erred at law and grossly misdirected itself in failing to find as it ought to have done that there was material non joinder of parties as occasioned by respondent’s failure to cite the parties to which aspersions were cast upon thereby denying such parties an opportunity to be heard,” argued ZMF lawyers.
It is against this background that the General Council met to give its backing to the Supreme Court appeal.
The General Council also resolved that in light of the appeal, the current Rushwaya led executive continues in its present positions.
The General Council also resolved that the Gweru meeting held three weeks ago by the old executive led by Mr Ishmael Kusafunga Kaguru where it alleges “less than 15 people met” was not in compliance with the court order as the old executive did not meet with the general council.
It also noted that the former executive didn’t consult the minister as per the High Court Relief Order and that it had unprocedurally registered ZMF as a Trust “an act which has no constitutional backing” of the miners’ body.
The General Council also noted the alleged fraudulent purported registration of the constitution into a fictitious trust and it was resolved that the old executive will have to defend such actions in a court of law._The Herald