Chimene revives Mutsvangwa fight

Source: Chimene revives Mutsvangwa fight – DailyNews Live

DEPUTY CHIEF WRITER      16 May 2017

HARARE – Manicaland Provincial Affairs minister Mandiitawepi Chimene has
approached the High Court seeking to nullify an order that identified
Christopher Mutsvangwa as legitimate leader of the Zimbabwe National
Liberation War Veterans Association (ZNLWVA).

This comes after the court in February last year barred Chimene from
masquerading as the interim or substantive leader of the association.

Justice Happias Zhou also interdicted her from issuing press statements on
behalf of ZNLWVA and its leadership.

In her latest move, Chimene said: “This is an application for rescission
of judgment granted against me on the 21st of February 2016 in terms of
rule 449 of this . . . court on the basis that the provisional order
granted was erroneously sought by the respondent and likewise granted in
error in my absence by this . . . court.”

The vocal minister claimed she was never served with court papers,
including the notice of set down, which culminated in a default ruling
against her not to interfere with ZNLWVA affairs.

“I only got knowledge of the existence of the provisional order through
press reports and I then approached my legal practitioners of record who
advised me that there was a need to launch this present application but
they could only do so upon a perusal of the record of proceedings under
case number HC 1673/16.

“Efforts were made by my lawyers to get a copy of the record of
proceedings from the registrar of this honourable court on the 18th of
August 2016, but they were told that the record was a security file which
could not be availed to them,” Chimene said in court papers, adding that
they later wrote to the judge president seeking his intervention in the
matter.

She said she later got hold of the record on August 24 last year, which
assisted her in making the current application.

Chimene and Mutsvangwa’s war erupted after the resident minister and her
camp passed a vote of no-confidence in the latter.

Chimene claimed to be the interim leader of the association, resulting in
the litigation, which was granted in favour of the Mutsvangwa-led
administration.

However, she now wants this ruling to be rescinded and allow her to file
her opposing papers within five days from the granting of the order.

ZNLWVA – through its deputy chairperson Headman Moyo – has opposed
Chimene’s application, arguing she was served with the court papers.

He said he has never heard of a file being classified as a security
record, adding that the present application is meant to frustrate the
association.

The matter is still pending before the High Court.