adminFidelis Munyoro Chief Court Reporter
The Supreme Court has struck off the roll an appeal by the late national hero, Vitalis Zvinavashe’s son, challenging the decision of the High Court stopping him from interfering with operations of the Trust schools under the Vitalis Musungwa Gava Zvinavashe Trust (VGMZT)).
Mr Richard Zvinavashe is one of the trustees of VGMZT and was involved in an acrimonious feud with other members of the Trust, who accused him of unilaterally buying luxurious cars worth $300 000 on the trust’s account.
He was also accused of harassing and unlawfully firing staff at Tynwald Primary and Secondary schools, which form part of the trust, without consulting the board.
VMGZT chairman Mr Clement Ruzengwe, Mr Shingai Mutumbwa (secretary) and the widow and trustee Ms Margaret Mutamba-Zvinavashe, successfully obtained an interdict against Mr Zvinavashe at the High Court in July last year.
Dissatisfied with the High Court decision, Mr Zvinavashe approached the Supreme Court on appeal.
But Justice Vernanda Ziyambi struck the appeal off the roll saying it was filed out of time.
Mr Zvinavashe’s new lawyer in the case Mr Charles Chinyama, confirmed the latest development.
“The matter was removed from the roll because the appeal was served on the registrar (of superior courts) out of time,” said Mr Chinyama.
“In terms of the law an appeal is filed within 15 days of noting the appeal. In this case it was filed two months after the stipulated period.”
In the High Court, Justice Alfas Chitakunye, granted the relief sought by the VMGZT lead by Mr Mutumbwa saying there was merit in their application.
The judge noted that the interdict sought by VMGZT was meant to stop Mr Zvinavashe from conducting himself in a manner that was prejudicial to the Trust.
“The protection of the Trust’s assets and reputation is of paramount importance while the issue of Trusteeship is being litigated upon by the parties,” said Justice Chitakunye.
He said Mr Mutumbwa and other trustees had an interest to protect the Trust.
However, Justice Chitakunye noted in his judgment that all the Trustees had overstayed and whatever decisions they were making were likely to be invalid and not for the benefit of the Trust.
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