BY DESMOND CHINGARANDE
THE Zimbabwe National Students Union (Zinasu) has filed an urgent High Court chamber application against board chair Rodrick Fayayo and secretary Mfundo Mlilo for allegedly convening a congress without a quorum.
Archibold Elias Madida, who is representing Zinasu as its outgoing president is seeking an interdict against Fayayo and Mlilo for continuing to act or hold office on behalf of the union pending reconvening of the Zinasu congress in terms of their constitution.
Madida said he was elected president on December 17, 2017 along with eight other national executive members.
He held office until the expiry of his term and subsequently convened a congress in terms of the Zinasu constitution to elect new leadership.
The outgoing president said the congress was convened and due to the examination schedules of the member institutions, the congress failed to reach a quorum.
According to the Zinasu constitution, the quorum of the congress and the general council is two-thirds majority of the representatives of all affiliate and member institutions.
Madida said he proceeded to call for an adjournment of the congress as per the constitution. He further advised that the congress was to be reconvened in the next four weeks, specifically on December 17 next week, which coincided with the end of his two-year term.
However, Fuyayo and Mlilo allegedly unilaterally decided to flout the provisions of the constitution and proceeded with the congress.
“It is apparent that only urgent intervention by this court will stop this wanton violation and total abrogation of the Zinasu constitution,” Madida’s submission read.
Madida is seeking an order to have the congress held by Fuyayo and Mlilo on December 7 declared null and void and for them to pay the costs of suit. He is also seeking an order that the purported national executive members elected on December 7 be interdicted from acting in any capacity or representing Zinasu in any capacity pending reconvening of the Zinasu congress in terms of the constitution.
Mlilo and Fuyayo are yet to respond to the summons.