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Mashudu Netsianda, Senior Court Reporter
THE Supreme Court yesterday set aside a High Court judgment nullifying the election of Ms Henrietta Rushwaya as president of the Zimbabwe Miners’ Federation (ZMF) following an urgent chamber application by a group of miners under the banner Zvishavane-Mberengwa Miners’ Association (ZMMA).
ZMF, formed in 2003 to mainly champion the interests of small-scale and artisanal miners, was last year in June blocked by former Bulawayo High Court Justice Nicholas Mathonsi from holding its elections for a new leadership in which Ms Rushwaya was a presidential candidate.
However, despite Justice Mathonsi’s ruling, the ZMF pressed ahead with the plebiscite, which Ms Rushwaya won.
The High Court declared the results and proceedings of the elections which brought Ms Rushwaya to the helm of the organisation null and void prompting her to appeal at the Supreme Court citing ZMMA as a respondent.
Justice Marie-Anne Gowora sitting with Justice Francis Bere and Antonia Guvava during a Supreme Court circuit in Bulawayo yesterday quashed the decision of the lower court.
“The appeal is hereby allowed and the judgment of the court a quo is set aside. The provisional order under case number HC1652/18 is discharged,” ruled Justice Gowora.
In its heads of argument, ZMF through its lawyers Antonio and Dzvetero Legal Practitioners, argued that the lower court erred and grossly misdirected itself in declaring as official, a national executive whose term of office had lapsed in violation of the dictates of their constitution.
“It is submitted that the court a quo erred at law and grossly misdirected itself in granting an interdictory relief to a party without clear rights. Wherefore appellant prays that the appeal be allowed and judgment of the court a quo be dismissed with costs,” said the lawyers.
The respondent through its lawyers Mr Tawanda Tawengwa of Mutuso, Taruvinga and Mhiribidi Attorneys, conceded to the appeal.
Ms Rushwaya was elected ZMF president in June last year but the ZMMA challenged her election at the High Court in Bulawayo under case number 1652/18. Then High Court judge Justice Mathonsi granted a provisional order suspending the holding of elections on June 14, 2018.
ZMMA accused Ms Rushwaya of attempting to take over the leadership of ZMF through unorthodox means.
The miners argued that the process was fraught with irregularities and vote buying. — @mashnets.
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