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Michael Magoronga, Midlands Correspondent

ZIMBABWE Miners Federation (ZMF) president, Ms Henrietta Rushwaya, got a temporary reprieve after the High Court dismissed with costs an urgent application by a rival camp challenging her leadership.

The rival group of miners under the banner Zvishavane-Mberengwa Miners’ Association (ZMMA) had filed an urgent chamber application at the Bulawayo High Court seeking an order to execute an earlier judgement by Justice Nokuthula Moyo which ruled in its favour pending an appeal by ZMF at the Supreme Court.

Justice Martin Makonese on Thursday dismissed the application by ZMMA for leave to execute the judgment pending the Supreme Court appeal by ZMF. 

He said the application by ZMMA was not urgent and not supported by averments in the founding affidavit.

 “The application in its present form is fatally defective. On 21 March, Moyo J confirmed the provisional order that was being sought under case number HC 1682/18. An appeal has been noted against that ruling. The matter is now before the Supreme Court. 

“The Applicant indicates that this court must grant an interdict essentially regarding the same dispute. This approach smacks of abuse of court processes. Such conduct is discouraged. The respondent has been put out of pocket in opposing this claim. Respondent is entitled to recover their costs in full,” ruled Justice Makonese.

The Mr Ishmael Kaguru-led faction, which has reportedly formed parallel structures, filed an urgent application challenging a ruling by the same court and challenged the decision by the General Council to recognise Ms Rushwaya as the legitimate president.

“The decision taken by the respondent through its General Council on the 11th of April 2019 to endorse Henrietta Rushwaya and her associates as the national executive be and is hereby declared null and void accordingly. The respondent be and is hereby interdicted from mandating the national executive led by Henrietta Rushwaya and Wellington Takavarasha to represent its affairs in any forms outside Zimbabwe,” read part of the application by Kaguru and his associates.

The latest court ruling means that Ms Rushwaya remains at the helm of the ZMF until the Supreme Court makes a ruling on the appeal before it.

 Mr Kaguru’s faction wants Ms Rushwaya to step down, arguing that she used unorthodox means to take over the ZMF leadership. They said the circumstances under which Ms Rushwaya joined the ZMF were questionable and shrouded in controversy and called for an investigation.

Ms Rushwaya contested in the ZMF elections which were conducted in July last year and she was duly elected president of the organisation. 

ZMF was formed in 2003, mainly to champion the interests of small scale and artisanal miners.