adminH-Metro Reporter
DEFIANT members of Zimbabwe Music Rights Association have called for an extraordinary meeting on June 22 at the Zimbabwe College of Music.
They are up in arms with the current leadership of the organisation.
“We the members of ZIMURA – Phillip Chipfumbu, B Manyonganise, S. Makore, J Nyamandi, W Mbale, S Mashonganyika, N Muhwati, F Nyakudanga, N Langa, M Dinyero, S Dhibhura, C Mukazi, L Lunga, N Zembe, W Mushangwe, B Antonio, C Kwande, M Khumalo, Clifford, D Barango, T Tarubona, P Zulu, T Muchetu, O Gandarasve, E Mafrika, E Mapfumo, J Stovring, B.G Marezva, Innocent Mpala, Denus Mupariwa, L Kandi, Killion Manyika, Fungai Mukundu – according to the Entities Act are calling for an Extraordinary Meeting on 22 June 2023 at 10 am at Zimbabwe College of Music.
“This has been necessitated by the leadership crisis created by the desire of Polisile Ncube-Chinhini, Albert Nyathi, First Farai Batani and Witness Zhangazha to run the Zimbabwe Music Rights Association (ZIMURA) by default.
“The omission to register elected board members is a deliberate ploy to make decisions outside our mandate.
“After our June 19 elective AGM, members of ZIMURA elected a new board that comprised Machanic Manyeruke, First Farai Batani, Nathaniel Ncube, Phillip Chipfumbu, Charles Charamba and Albert Nyathi.
“To make up a Council the elected board members nominated Witness Zhangazha as the legal advisor. The Council again returned Secretary of the Board Polisile Ncube.
“Albert Nyathi was voted Chairman while Charles Charamba was seconded as the Vice Chairman. Albert Nyathi was re-elected from the 2014 – 2017 board.
“According to rules as enshrined in the Companies and Other Entities Act, Section 217 Subsection 5, a one-month registration requirement of directors lapsed, therefore, the term from 19 June to 2 May 2022 had no substantive board as is regulated by the above section.”
The petition adds:
“The 2014 to 2017 dissolved/ retired board Section 35 Subsection (c) and (d) of our Memorandum and Articles of Association remained the substantive board of ZIMURA according to the records with Companies Office which therefore means signatories to the bank remained that of the 2014 – 2017 dissolved/retired board or they were tampered with.
“The omission was repeated on the 2 May 2022 elected board Albert Nyathi, Mudiwa Hood, Janet Manyowa, First Farai Batani, Alexio Gwenzi and Phillip Chipfumbu.
“No registration was made within the stipulated one month again, until we discovered this on 8 May 2023.
“This has left a leadership void since the resolution of 2 May 2022 has lapsed due to registration restrictions.
“This means decisions made between 19 July 2017 to date are outside the mandate of members.
“The bank withdrawals and all collections are illegal according to our own Memorandum and Articles of Association, Section 41 of the Articles of the Association. Decisions made between 19 July to date are of no force under the Zimbabwean law because they were made by unregistered directors.”
The members said it was time for them to act.
“As Members, we are, therefore, forced to step in so that there is a democratic leadership which advances our interests.
“The agenda of the Extraordinary Meeting is to restore leadership, appoint auditors to carry out a forensic audit and to pass a resolution for the arrest of offenders.”
Mathew Masinge
Online Reporter