ZC bowl back at Streak

The Sunday Mail (Zimbabwe) - - SPORT - Ti­nashe Kusema

LAWYERS rep­re­sent­ing Zim­babwe Cricket have de­scribed Heath Streak’s High Court ap­pli­ca­tion, seek­ing the liq­ui­da­tion of ZC, as “patently de­fec­tive” and “to­tally un­called for”.

For­mer Chevrons coach Streak is owed money by ZC and is seek­ing the liq­ui­da­tion of the cricket gov­ern­ing body be­cause it “is gen­er­ally un­able to pay its debts as and when they be­come due.”

How­ever, Zim­babwe Cricket, through their lawyer Bless­ing Diza of Mhishi Nkomo Le­gal Prac­tice, in­sist that Streak’s ap­pli­ca­tion is de­fec­tive.

“As far as we are con­cerned, this is one case that should never have seen the light of day. lt’s to­tally un­called for,” said Diza, who is ex­pected to file ZC’s op­pos­ing papers to­mor­row.

“Zim­babwe Cricket has full in­ten­tions of pay­ing their debt, al­beit in Oc­to­ber when the next grant from the In­ter­na­tional Cricket Coun­cil comes.

“Un­for­tu­nately, Streak and his team deemed Oc­to­ber – which is merely days away now – as be­ing too far, which begs the ques­tion if this re­ally is about the money they are owed or there are some deeper mo­tives at play.”

Mhishi added that Streak’s ap­pli­ca­tion falls foul to the In­sol­vency Act.

“Ac­cord­ing to the In­sol­vency Act, which is a new piece of legislation pro­mul­gated this year, what one needs to is to put the debtor on no­tice and this is done by fill­ing up a form pre­scribed in the Act,” he said.

“This form is a de­mand that clearly stipulates when the debt oc­curred, the na­ture and amount of the debt and it is or­di­nar­ily served by the Sher­iff or mes­sen­ger of the court and has to be served to the debtor, which in this case is Zim­babwe Cricket.

“Un­for­tu­nately, this wasn’t done and in­stead we just have com­mu­ni­ca­tion be­tween Streak and Zim­babwe Cricket’s lawyer dur­ing a la­bor dis­pute.

“This is all ac­cord­ing to their papers, and in it there is no proof of due no­tice hav­ing been served, and that alone will be our main ar­gu­ment when we do file our papers.”

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