THE battle for control of the country’s biggest football club, Dynamos, could finally be resolved after the matter, which was filed seven years ago, has now been set down to be heard by High Court Judge President, Justice George Chiweshe tomorrow. BY CHARLES LAITON
Sometime in May this year, Dynamos Trust approached the court seeking to be joined as a party to the proceedings with a view to bringing finality to the on-going squabbles in a matter in which the club was seeking to interdict its founding fathers from interfering with the club’s operations.
Dynamos Trust’s chairperson Isaac Nhema filed his affidavit, saying the sluggard pace at which the court matters had so far been handled had left ravages of the vested rights of not only Dynamos Football Club, but also painted a slurred image of the football fraternity.
Sometime in 2010, the football club approached the court twice seeking to bar Richard Chiminya, Farai Munetsi, Frederick Mukwesha, Bernard Mariot Lusengo, Sunday Chidzambwa, Charles Gwatidzo, Robson Rundaba, Brian Kashangura, Keni Mubaiwa, Harrison Mbewe, Mike George, David Mandogora, Owen Chandamale and C Muzenda from interfering with the club’s operations.
However, seven years later, the matter have not been completed, prompting Nhema to approach the court through the trust with a view to revive and bring the issues to finality.
“The applicant (Dynamos Football Club) filed the urgent chamber application HC1820/10 followed by yet another court application in HC2623/10 in a bid to interdict and restrain the malfeasance and offensive activities of the respondents (Chiminya and others),” Nhema said.
“With time taking its toll, some of the respondents have since been deceased and necessitating substitution by others in amendments of the pleadings, further fuelling the chaos and anarchy.
“What prompted the filing of the applications was in order to curb, if not eliminate altogether, the respondent’s conduct, which was inimical to and subversive of the running of the affairs of the applicant and Dynamos Football Club.”
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Nhema further said the reality on the ground was that what was initially sought to be addressed by the litigations that were brought before the court had not been addressed and continued to haunt the club.
“The stark reality is that the licentiousness and harm that was sought to be stamped out by the court actions, namely the malpractices over the safe custody, maintenance and control of the assets in the applicant overburdened by liabilities and unconscionable practices by the respondents, rein unbridled,” he said.
“Within this context, it is in the best interest of the administration of justice that the board of trustees actively participates in the applications filed by the applicant. This will no doubt enhance the effective combat of the vice bedevilling the applicant and the football club.
“This will be done by collaboration in and close monitoring of, coupled with devising and spearheading the measures to overcome the prejudicial conduct of the respondents.”