Zimbabwe Miners Federation (ZMF) President Ms Henrietta Rushwaya through her lawyers D Mthombeni legal practitioners has advised ZMF to cancel the illegal meeting which is scheduled for tuesday 24th of November 2020 at 11 am in Gweru due to its limitations and negligence to inform her of such a crucial meeting since by law she’s still the President of the ZMF.
Rushwaya also advised the organisation that, all processes that have been instituted without following due process shall be challenged in court.
“We have since been instructed to act for and on behalf of our above-named client Ms. Henrietta B Rushwaya the ZMF President, kindly note our professional interest.
“We are instructed to write to you and advise that it came to our client’s attention this morning that a ZMF special General Council Meeting was called for by one Philemon Mokuele the Secretary of the General Council.
“The said meeting is reportedly scheduled to be held tomorrow 24th of November 2020 at Gweru Theatre at 11 am.
“As a matter of extreme urgency kindly forward to us the notice, agenda of the said meeting as well as all associated documents and applicable previous minutes/resolution (if any) relating to same so that client can participate via proxy.
“We are instructed to advise through you that, should Mr. Philemon Mokuele, yourselves or anyone proceed to host, convene, and hold the said meeting cause remedial legal action.
Last but not least we are instructed to advise that all processes that have been instituted without following due process shall be challenged in court to safeguard client’s rights.” Rushwaya said through her lawyers.
What the ZMF Constitution says about Special general Meetings
The holding of tommorrow’s ZMF meeting is likely to be in direct violation of chapters 9.2.10.1, 9.2.10.2, 9.2.10.3 and other parts of chapter 9.
The below is what the ZMF constitution says about Special general meetings!
9.2.10.1 The National executive may at an time through the Secretary call a Special General Meeting of members by giving notice not less than fourteen days to members specifying the object or objects the meeting is called.
9.2.10.2 The Secretary shall convene a Special General Meeting of members of the Federation upon receiving requisition on that behalf signed by not less than five members specifying any resolution or resolutions proposed
to be moved or other business to be discussed. The Secretary shall post to each member at its registered address a copy of such notice at least fourteen days prior to the holding of the meeting.
9.2.10.3 The omission to send by post any such notice to any member shall invalidate the holding the holding of the meeting or the passing of any resolution thereat.
9.2.10.4 The quorum for the general meetings of members shall be two thirds of the members entitled to vote thereat provide that if no quorum be present within thirty minutes after the time fixed for the meeting ,it shall , in the case of Annual General Meeting or Special General Meeting called by the National Executive, be postponed to the same day and hour in the following week and such adjourned meeting the members present shall be deemed to be a quorum for the transaction of the business of the meeting. In the case of a Special General Meeting called by requisition of members ,if no quorum is present upon the date fixed and within thirty minutes after the time fixed for the meeting it shall be dissolved.
9.2.10.5 The Chair at all General Meetings of the members of the Federation shall be taken by the President or in his absence by one of the Vice Presidents. Should both be absent ,the members present shall elect a Chairman for
the meeting from among the other members of the National Executive present, if any, or failing their presence, the Chairman shall be elected, being the person entitled to vote at an Annual General meeting from among those members present
9.2.10.6 Every member shall have one vote at the Annual General Meeting and no voting by proxy shall be permitted.
9.2.10.7 The Returning Officer has no voting power whatsoever nor may he contest in elections at any time.
Rushwaya has been held in custody for the past month after being accused of attempting to smuggle 6kg of gold out of the country, allegations that she has dismissed. She has since appealed to the high court for bail after she was denied the same by Harare magistrate Ngoni Nduna recently.
