ZC bowl back at Streak
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.”