War vets application thrown out

Source: War vets application thrown out | The Herald August 26, 2016

Fidelis Munyoro : Chief Court Reporter

The Zimbabwe National Liberation War Veterans’ Association’s (ZNLWVA) bid to stop the election of new leadership took a new twist on Wednesday after the High Court threw out the application for procedural deficiency. Only two weeks ago, the ZNLWVA successfully sought an interdict blocking five members of a splinter group – Cdes George Mlala, Charles Mpofu, Joseph Chinotimba, Esther Munyaradzi, Stephen Moyo and Robert Mukwena – from convening a special meeting to elect a new executive.But, the other seven – Cdes George Matenda, Patrick Nyaruwata, Future Piriyana, Wellington Chitehwe, Rueben Chikono, Thomas Matambe and Thomas Kunaka – stood their ground, attacking the urgency of the matter and the inadequacies that were fraught in the urgent application.

After hearing submissions on the preliminary points raised by the seven’s lawyers, Advocate Garikayi Sithole, T. B. Ndoro and F. F Hwenira, the court ruled in favour of the seven.

Justice Joseph Musakwa ruled that the deponent to the affidavit on behalf of the association Cde Agnes Siyakurima had no legal basis to institute the proceedings.

He also found the certificate of urgency to be invalid because it was “a mere rehash of some portions of the founding affidavit” among other inadequacies.

Justice Musakwa said the application itself was always lopsided on account of some incurable procedural deficiencies.

“One gets the impression that the entire application was cobbled together with scant regard to the contents as well as the need to maintain procedural exactitude,” ruled Justice Musakwa.

“Therefore, the points in limine on locus standi, certificate of urgency and propriety of relief sought are sustained.”

Manicaland Provincial Affairs Minister Cde Mandi Chimene leads the splinter group as its interim chairperson.

Her group is expected to convene a meeting to elect a new executive of the ZNLWVA.

Addressing war veterans, the Women’s League members and youths gathered at the Zanu-PF Headquarters in Harare recently, President Mugabe told the former freedom fighters to elect new leadership, if they so wish.

The call for new leadership in the ZNLWVA follows a vote of no-confidence on the Christopher Mutsvangwa-led executive.

Mutsvangwa was consequently expelled from Zanu-PF after he was convicted of conduct that showed disrespect of the party leadership.

ZNLWVA secretary-general Victor Matemadanda, spokesperson Douglas Mahiya, national commissar Francis Nhando and deputy chairperson Headman Moyo have since been expelled from Zanu-PF for indiscipline.

The quartet appeared in court facing charges of attempting to subvert the constitutionally elected Government.

They are all out on $300 bail each.