New twist to ZMF case

SIMBA RUSHWAYA

The Zimbabwe Miners Federation has given the Henrietta Rushwaya led executive the nod to run the organisation on an interim basis pending the determination of a High Court case on the leadership of the body. This came after miners gave a vote of no confidence in the executive that came into office in April 2015.

A group of small scale miners are accusing Rushwaya, of defying a court order by allegedly masquerading as the president of ZMF. Led by Zvishavane-Mberengwa Miners’ Association (ZMMA), the miners earlier this year lodged an urgent High Court application to stop Rushwaya to act as the ZMF boss. The application was dismissed.

Bulawayo High Court judge Justice Thompson James Mabhikwa ruled that the matter was not urgent and would be heard as an ordinary court application.

ZMF members converged in Kwekwe last Friday and decided to give a vote of no confidence to the previous executive led by Ishmale Kaguru in preference of the Rushwaya- led executive.

Part of the minutes of the meeting held at King Solomon Hotel in Kwekwe read: “We have passed a vote of no confidence in terms of the clauses 5.4.7 of the Constitution on the entire national executive committee elected on 25 April 2015, should it be determined that that committee might still be in office upon service of the order of the High Court dated 18 June 2018.

“The term of office for the executive expired on 26 April after the lapse of the 3 years mandate. Therefore we have resolved that the executive elected into office on 14 June 2018 act on interim basis in the event that the Deputy Sheriff serves to effect the relief order.

” ZMMA filed an urgent chamber application at the Bulawayo High Court in August, accusing Rushwaya of taking over the leadership of ZMF through unorthodox means.

ZMMA was being represented by Tawanda Tavengwa of Mutuso, Taruvinga and Mhiribidi Attorneys while Welshman Ncube of Mathonsi Ncube Law Chambers is the respondents’ lawyer.

Rushwaya contested in the ZMF elections which were conducted in July and was duly elected president of the organisation. ZMF was formed in 2003, mainly to champion the interests of small scale and artisanal miners.

The miners argued that the process in which Rushwaya was elected was fraught with irregularities and vote- buying by Rushwaya and wanted the elections for a new ZMF national executive postponed indefinitely citing interference by members of the federation’s general council.

In the application which was dismissed by Justice Mabhikwa, ZMMA wanted an order interdiction Rushwaya from misrepresenting or portraying herself to the public or any institution as the ZMF president.

They also wanted the court to nullify all contracts entered into and signed by Rushwaya purportedly on behalf of ZMF.

In his founding affidavit, ZMMA chairperson, Thembinkosi Sibanda, said Rushwaya was violating a court order by continuing to masquerade as the president of ZMF and signing agreements on its behalf.

“The first respondent (Ms Rushwaya) and second respondent (Mr Takavarasha) are seemingly masquerading to the public as the duly elected officials of the third respondent (ZMF) in direct contempt of the provisional order granted on 14 June 2018. Ms Rushwaya is misleading the public by stating and behaving as if she is an elected president of ZMF,” he said.

He said in light of the upcoming 2018 edition of the Mine Entra in Bulawayo, there are fears that Rushwaya could enter into lucrative deals purportedly on behalf of ZMF.

“There is no doubt that if Ms Rushwaya is not sanctioned she will mislead foreign investors and lure them into signing void contracts purportedly binding ZMF hence suffering irreparable prejudice,” he said.

The federation was formed in 2003 to help identify small-scale and artisanal miners’ needs and is also tasked with carrying out programmes to redress them in accordance with the Mines and Minerals Act, Gold Trade Act and other laws governing mining with the Minister of Mines and Mining Development as its patron.

Zimbabwe’s small-scale and artisanal gold miners emerged as the cornerstone of the sector after smashing production records, producing and delivering more gold than large-scale mining houses, statistics have showed recently

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