SOUTH Africa-based Zimbabwean businessman, Mutumwa Mawere, was yesterday forced to withdraw his Constitutional Court (ConCourt) application due to ill-prepared court papers in a case where he was challenging the seizure of his business entities by the government.
CHARLES LAITON SENIOR COURT REPORTER
The government, nine years ago, took over Mawere’s companies which included Shabanie-Mashaba Mines (SMM) following his specification.
Mawere’s application was struck off the ConCourt roll yesterday after it turned out that his court papers were not in order, prompting Chief Justice Godfrey Chidyausiku to advise his lawyer Advocate Thembinkosi Magwaliba to withdraw the application on his own accord.
“There is need for the papers to spell out the cause of action. When I read the papers it was not clear, but it only became clearer when you started explaining,” Justice Chidyausiku said.
“The founding affidavit is a regurgitation of Advocate Adrian de Bourbon which this court has already rejected. It’s rather better for you to withdraw the matter rather than for us to dismiss the matter. The whole papers are in shambles, you would rather go back to the drawing board.”
Magwaliba, however, briefly asked for an adjournment and after consultations with his instructing attorneys, changed his position and made an application to have the matter withdrawn.
In his application filed earlier this year, Mawere argued that the move by the then Justice and Legal Affairs minister Patrick Chinamasa in declaring him (Mawere) insolvent was inconsistent with the Constitution of Zimbabwe and therefore should be declared invalid.
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In his 51-page application, Mawere said on August 26 2004, Chinamasa declared Endurite, SMM, UKI, FSI Agricom, and CFI Holdings to be specified persons in terms of Section 6 of the Prevention of Corruption Act, paving way for government to take over the companies.
He further said the minister issued in relation to SMM a Reconstruction Order on September 6 2004 in terms of Section 4 of the Reconstruction Regulations promulgated in terms of the Presidential Powers (Temporary Measures) (Reconstruction of State-Indebted Insolvent Companies) Regulations, 2004.
Mawere argued that SMM was placed under the control of State-appointed administrator Afaras Gwaradzimba prior to the provisions of the Reconstruction Act that only came into force on March 4 2005 when the Reconstruction of State-Indebted Insolvent Companies Act was enacted into law.
