By Richard Muponde
THE Supreme Court has declared Henrietta Rushwaya (pictured) the bonafide president of the Zimbabwe Miners Federation (ZMF) – a grouping of small-scale miners in the country.
Her rise to the helm of the federation was being challenged by Zvishavane Mberengwa Miners’ Association led by Thembinkosi Sibanda.
The grouping approached the High Court contesting Rushwaya’s rise at last year’s annual general meeting (AGM), arguing that she fraudulently acquired the position.
They submitted that the AGM and elections which placed her on the throne were a sham.
Sibanda and his grouping had successfully dethroned Rushwaya.
Justices Marie-Anne Gorowa, Antonia Guvava and Francis Bere, sitting as an Appeals Court yesterday concurred with Dzvetero that the High Court erred in stopping the elections.
In her Supreme Court appeal, Rushwaya stated: “The appeal be allowed. That the operational part of the court a quo’s order be substituted with the following: That the provisional order granted by this court on June 14 and be is hereby dismissed with costs.”
Rushwaya’s lawyers further argued that this was on the grounds that the court “erred at law and grossly misdirected itself” on the issue of locus standi in failing to find and discounting that the deponents to the appellant’s founding papers were properly before the court.
The Supreme Court then ruled: “After hearing arguments it’s hereby declared the matter is now moot as the applicant has since been elected. She was duly elected by a nomination court which matter wasn’t contested. The two orders by the court aquo are hereby set aside. The application has no merit before the court and its dismissed with costs. The applicant is, hereby, declared the duly elected president of ZMF.”