War vets saga con­tin­ues

Chronicle (Zimbabwe) - - National News - Fidelis Mun­y­oro Harare Bureau

JUDG­MENT in the case in which war veter­ans are em­broiled in a fierce le­gal bat­tle over the election of new lead­er­ship of the as­so­ci­a­tion has been re­served to a later date.

Jus­tice Joseph Musakwa said he would need suf­fi­cient time to go through ar­gu­ments pre­sented by both par­ties’ coun­sel.

A group of war veter­ans aligned to Man­i­ca­land Pro­vin­cial Af­fairs Min­is­ter Mandi­itawepi Chimene want to con­vene a meet­ing to elect a new lead­er­ship of the Zim­babwe Na­tional Lib­er­a­tion War Veter­ans As­so­ci­a­tion.

They want to re­place the Christo­pher Mutsvangwa-led na­tional ex­ec­u­tive that has since been booted out of Zanu-PF.

Only last week the same court granted an in­ter­dict block­ing the Chimeneled fac­tion from con­ven­ing a spe­cial meet­ing to elect a new ex­ec­u­tive.

The or­der was granted against Cdes Ge­orge Mlala, Charles Mpofu, Joseph Chino­timba, Es­ther Mun­yaradzi, Stephen Moyo and Robert Muk­wena.

The judge, how­ever, de­ferred the mat­ter for fur­ther hear­ing and de­ter­mi­na­tion of the ap­pli­ca­tion in re­spect of the other seven — Cdes Ge­orge Ma­tenda, Pa­trick Nyaruwata, Fu­ture Piriyana, Welling­ton Chite­hwe, Rueben Chikono, Thomas Matambe and Thomas Ku­naka.

Yes­ter­day, the hear­ing went ahead fol­low­ing a fur­ther post­pone­ment on Wed­nes­day.

Ad­vo­cate Garikayi Sit­hole in­structed by Gweru-based law firm, Garikayi and Com­pany, ar­gued the mat­ter for the Chimene-led fac­tion.

He raised pre­lim­i­nary points, which the court has to de­ter­mine first be­fore delv­ing into the mer­its of the dis­pute.

Adv Sit­hole said the ap­pli­ca­tion was de­fec­tive be­cause Cde Ag­ness Siyakurima who de­posed an af­fi­davit lacked the ca­pac­ity to do so on be­half of the ZNLWVA. He said she was not given au­thor­ity to rep­re­sent the as­so­ci­a­tion.

ZNLWVA is an ar­ti­fi­cial body cor­po­rate in terms of the as­so­ci­a­tion’s con­sti­tu­tion.

Adv Sit­hole also raised the point that the cer­tifi­cate of ur­gency filed with the ap­pli­ca­tion was in­valid be­cause the lawyer who crafted it did not ap­ply his mind to the facts of the mat­ter.

But the ZNLWVA lawyer Mr Rungano Mahuni of Mahuni, Gidiri Law Cham­bers ar­gued that there was no need for res­o­lu­tion al­low­ing Cde Siyakurima to act on be­half of the as­so­ci­a­tion.

Cde Siyakurima, the lawyer ar­gued, was given the au­thor­ity by the na­tional ex­ec­u­tive of the as­so­ci­a­tion to de­pose to the af­fi­davit on be­half of the as­so­ci­a­tion.

The Chimene-led fac­tion is ex­pected to con­vene a meet­ing to elect a new ex­ec­u­tive of the ZNLWVA.

The call for new lead­er­ship in the ZNLWVA fol­lows a vote of no-con­fi­dence on the Mutsvangwa-led ex­ec­u­tive.

Mutsvangwa was con­se­quently ex­pelled from Zanu-PF af­ter he was con­victed of con­duct that showed dis­re­spect of the party lead­er­ship.

The Mutsvangwa-led ZNLWVA ex­ec­u­tive went to court to stop the pend­ing elec­tions.

It is their con­tention that the Con­sti­tu­tion of the as­so­ci­a­tion does not pro­vide for the re­moval of its lead­ers by vote of no con­fi­dence.

They fur­ther ar­gued that the Chimene-led fac­tion could not pur­port to act on be­half of the as­so­ci­a­tion in the ab­sence of an election to bring them into the lead­er­ship of the as­so­ci­a­tion.

But the Chimene fac­tion con­tends that the Mutsvangwa-led ex­ec­u­tive was re­moved by a vote of no-con­fi­dence and they can­not con­tinue at the helm of the as­so­ci­a­tion.

ZNLWVA sec­re­tary-gen­eral Vic­tor Matemadanda, spokesper­son Dou­glas Mahiya, na­tional com­mis­sar Fran­cis Nhando and deputy chair­per­son Head­man Moyo have since been ex­pelled from Zanu-PF for in­dis­ci­pline. The quar­tet ap­peared in court fac­ing charges of at­tempt­ing to sub­vert the con­sti­tu­tion­ally elected Govern­ment. They are all out on $300 bail each. They were ar­rested in con­nec­tion with a damn­ing com­mu­nique is­sued last month urg­ing Pres­i­dent Mu­gabe to

re­sign.

Min­is­ter Mandi­itawepi Chimene

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