Mining Reporter – Monday 8 July 2019 HARARE (Mining Index) – The Zimbabwe Miners’ Federation (ZMF) has dismissed reports claiming Henrietta Rushwaya had been dethroned as ZMF president owing to a June 25th Supreme Court ruling.
The Supreme Court ruled that the appeal was deemed to have been abandoned and consequently dismissed as the pre-requisite inspection of record had not been satisfied within the stipulated time frame.
“It is noted that you did not comply with Rule 17(11) for the inspection of record with the stipulated time in terms of the Supreme Court Rules, 2018. In terms of sub rule 17 (12) of the aforementioned Rules the appeal is deemed to have been abandoned and therefore dismissed,” read the ruling.
However, ZMF Public Relations Director, Dosman Mangisi argued that Rushwaya is still ZMF president as the mining body has since resubmitted its appeal before the Supreme Court.
“The other party was not served with the invitation to inspect the papers from the registrar. The advocate has re-filed the papers for reinstatement before the Supreme Court which is now pending before the Supreme Courts.
The applicant who in this case is ZMF is still waiting for the determination. In other words, the matter is still subject/subsistence. So there is a pending application before the courts.
“It is the registrar who invited and also forwarded for determination. No one is dethroned here as said in some news articles, until such time it is given a ruling in the courts. It is only a Judge who can dismiss or grant an appeal. The Supreme Court was highlighting the procedurals, so the case has not been dismissed at all. In short, Rushwaya is still in charge of the organisation, ZMF, period,” he said.
ZMF has been involved in a long protracted battle with the Zvishavane Mberengwa Miners’ Association (ZMMA) fronted by former president Ishmael Kaguru. Kaguru, who had since declared himself interim president following the ruling, had since announced that his executive would start planning for preparations for fresh elections.
Kaguru was ousted as ZMF president by Rushwaya in June last year; however this was after ZMMA tried to stop the elections from proceeding on the basis of manipulation allegations. The results were later invalidated by the High Court, leading to the appeal which was filed on the forth of April.