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Henrietta Rushwaya

Oliver Kazunga, Senior Business Reporter
THE outgoing Zimbabwe Miners’ Federation (ZMF) national executive has said it will in the interim continue to hold office until a new legally constituted administration comes into effect.

This follows last week’s nullification of the organisation’s election results by the High Court.

ZMF held its elections in Gweru last Thursday where former Zimbabwe Football Association (Zifa) administrator, Ms Henrietta Rushwaya, was elected president.

An internal correspondence signed by ZMF secretary general Mr Victor Rupende seen by Business Chronicle said the outgoing national executive would hold fort until the federation’s elections were properly conducted.

“We refer to the High Court Order dated 14th June 2018 and under case number HC1652/18. Please be advised that since no person was lawfully appointed into office, the national executive led by Mr Ishmael Kaguru shall temporarily retain office and continue to exercise its constitutional powers until such time that it is lawfully dissolved and a new national executive is ushered in,” reads the correspondence.

“For the avoidance of doubt, Mr Ishmael Kaguru remains the president of the national executive with all executive members remaining the same. Please be advised that this measure is only but interim until all issues relating to the urgent Chamber Application under HC 1652/18 have been fully examined and findings made.”

Bulawayo High Court judge Justice Nicholas Mathonsi blocked the election process after an urgent chamber application by a group of small-scale miners sought an order interdicting ZMF from proceeding with the elections, arguing that the process was fraught with irregularities and vote buying by Ms Rushwaya.

The applicants claimed there was a plot to rig the elections in Ms Rushwaya’s favour.

ZMF was formed in 2003 largely to spearhead the interests of small-scale and artisanal miners.

The group of miners under the banner Zvishavane-Mberengwa Miners’ Association (ZMMA) accused Ms Rushwaya of attempting to take over the leadership of ZMF through unorthodox means.

The applicants were represented by lawyers from Mutuso, Taruvinga and Mhiribidi Attorneys.

Justice Mathonsi ruled that the elections should be stopped.

“The respondent be and hereby interdicted from proceeding with the elections on 14 June 2018. The respondent be and hereby postpone the elections sine die.

“In the event that elections have been held prior to this application being determined the results and the proceedings thereof be and are hereby declared null and void,” he said.

In his founding affidavit, ZMMA chairperson Mr Thembinkosi Sibanda argued that ZMF unprocedurally admitted 13 new associations to join the federation.

He queried Ms Rushwaya’s intention to run for the ZMF presidency when she was not affiliated to the organisation.

Mr Sibanda claimed Ms Rushwaya paid $6 500 affiliation fees for the 13 new associations whose admission was irregular and a violation of the ZMF constitution.

He said the circumstances under which Ms Rushwaya joined the ZMF were also questionable and shrouded in controversy.

@okazunga