Miss Cosmo Zimbabwe legal battle takes new twist

 

Gift Moyo [email protected]

THE legal battle between dethroned Miss Cosmo Zimbabwe 2026 Malaika Mushandu and those behind the pageant has taken a new twist, with the respondents arguing that “Miss Cosmo Zimbabwe” is not a separate legal entity capable of being sued.

Mushandu approached the High Court seeking a review and setting aside of the decision to strip her of the Miss Cosmo Zimbabwe title.

However, in an opposing affidavit filed in Harare on September 8, 2026, Miss Universe Zimbabwe chief executive officer Tendai Bongani Hunda, Joshua Taderera and Gracious Matara are opposing her application on, among other grounds, the argument that there is no separate legal entity known as Miss Cosmo Zimbabwe.

The respondents, represented by Mugiya Law Chambers, argue that the Miss Cosmo Zimbabwe operation is an unincorporated association and is neither distinct nor separate from Hunda, whom they identify as the local licence holder.

The respondents further argue that the entity does not have perpetual succession or a constitution and therefore cannot sue or be sued in its own name.

In the affidavit, Hunda said she was the second respondent in the matter and that the facts contained in her affidavit were true to the best of her knowledge, while legal averments were made on the advice of her legal practitioner.

She argued that Mushandu’s application was “fatally defective” because it cited an entity that, according to the respondents, does not have a separate legal personality.

“The applicant alleges that the Miss Cosmo Zimbabwe organisation is a common law universitas. This is not only wrong but it is legally incorrect.

“The Miss Cosmo Zimbabwe organisation is an unincorporated association/entity, it is not capable of suing or being sued, it is not distinct or separate from myself as the 2nd Respondent,” reads part of the affidavit.

Hunda further argued that there was no constitution or other documentation attached to Mushandu’s founding affidavit to establish that Miss Cosmo Zimbabwe was a common law universitas.

“There is no legal entity called Miss Cosmo Zimbabwe,” she said.

According to the respondents, the Miss Cosmo Zimbabwe name represents a title bestowed on a contestant by the local licence holder, who is authorised by the international pageant organisation.

They argue that the local licence holder operates in connection with the international Miss Cosmo organisation, which is based in Vietnam, and may facilitate the local title holder’s participation in the international competition.

The respondents also argue that the other people cited in Mushandu’s application are not members of a separate Miss Cosmo Zimbabwe legal entity.

“The 2nd–13th Respondents … are not members of the Miss Cosmo Zimbabwe organisation, which as explained above does not exist as a legal entity,” reads the affidavit.

The respondents further argue that any court order against a non-existent legal persona would be unenforceable.

“It is trite that a court order must bind existing legal personas or natural persons,” reads the affidavit.

The respondents also gave their version of events leading to Mushandu’s dethronement.

According to the affidavit, a Miss Universe pageant conducted by Miss Zimbabwe Trust was held on June 6, 2026, with contestants judged on areas including talent, intelligence, personality, branding and related attributes.

The respondents say Mushandu competed in the pageant but did not finish among the top three.

One contestant was crowned Miss Universe, while two others were named first and second runners-up.

The respondents maintain that other titles were bestowed separately and were not positions contestants competed for.

According to Hunda, Mushandu was among those who received one of the titles, but her conduct during the crowning ceremony subsequently became a source of concern.

The affidavit alleges that Mushandu walked off the stage during the crowning process while visibly emotional and upset, behaviour the respondents say resulted in negative reactions locally and internationally and caused reputational damage to the licence holder and the brand.

On June 13, 2026, Hunda, after consultation with the Miss Zimbabwe Trust, decided to revoke Mushandu’s Miss Cosmo Zimbabwe title, according to the affidavit.

The respondents say Mushandu was notified of the decision in a letter and was instructed to stop using the Miss Cosmo Zimbabwe name and sash.

They further deny that Mushandu was entitled to a formal disciplinary hearing, arguing that she was a pageant title holder and not an employee.

“The decision to revoke Malaika Mushandu’s title was communicated to her on the 13th of June 2026, so it is not correct that there was ever a formal disciplinary hearing that Malaika Mushandu was subjected to,” reads the affidavit.

The respondents argue that the local licence holder had the authority to revoke or cancel the title.

Following the dethronement, a meeting was held with the board of Miss Zimbabwe Trust, which the respondents say was intended to allow Mushandu to air her views and seek a resolution to the dispute.

The affidavit further states that Hunda subsequently sought assistance from the international Miss Cosmo organisation in an effort to facilitate dialogue with Mushandu.

The respondents allege that attempts to resolve the dispute were unsuccessful.

Attached to the opposing affidavit are screenshots of correspondence between Hunda and the international Miss Cosmo organisation, which the respondents say demonstrate the authority given to the local licence holder in relation to the appointment of a title holder.

The affidavit also contains copies of letters sent to Mushandu by the Miss Cosmo Zimbabwe and Miss Universe Zimbabwe organisations concerning the withdrawal of her title.

Mushandu’s response to the opposing affidavit was not available by the time of publication.

The matter is before the High Court.

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