War vets saga continues
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
Minister Mandiitawepi Chimene