Zera board’s legality questioned

Mangoma.
Mr Patrick Chiremba wants the court to declare the appointment of Zera a nullity arguing it failed to observe the requirement of the legal statutes.
He has cited Minister Mangoma, Zera chairperson, Mr Canada Malunga and other board members who are yet to respond as defendants. The other board members are Ms Betty Chitiyo, Hilda Shindi, Tendai Mhere, Ndomupeyi Chikonye and Tapuwa Mashingaidze.
Last week Minister Mangoma said the affected persons should go to court after Mr Chifamba wrote to him complaining over the appointment of the six.
“I have not seen the letter but if those people feel the board is illegal, they should simply take the matter to court. That is what I can only say for now,” said Minister Mangoma.
In his application filed at the High Court yesterday, Mr Chiremba raised a number of issues that he claimed constituted irregularities in the appointment of the board in September last year.
They include the failure to have the appointment approved by the President, the absence of a lawyer and an administrator and the need to have people with background on energy related issues on the board.
“My own investigation is that their appointment is not in terms of the law as it lacks the approval of the President.
“The 3rd to 8th respondents after being appointed on September 1, 2011 have proceeded to administer their powers with the blessing of the Minister in clear violation of the law which requires them to have their appointment approved by the President,” said Mr Chiremba in his founding affidavit.
He averred that most of the board members were accountants, chemical engineers and electrical engineers and not in conformity with the requirement of the Energy Regulatory Authority Act.
“What is further shocking is that the 7th respondent (Ndomupeyi Chikonye) is an employee of Zesa and has been seconded to the Ministry of Energy.
“She cannot regulate and supervise her employers, no wonder why her employers are charging exorbitant charges to consumers with her paying a blind eye to employers’ illicit transactions,” said Mr Chiremba.
The requirement to appoint someone with knowledge relating to the law on energy, said Mr Chiremba, was mandatory and peremptory.
“At the outset, I wish to further aver specifically that none of the members appointed by the Minister has any knowledge, ability and experience in energy industry,” he said.
“A sound and fair analysis or assessment of the board members clearly portrays that there are board members who are incapable of representing my interests as they are not endowed with the requisite qualifications to be appointed to the board.”