Former ZIFA president Henrietta Rushwaya Thursday survived a bid to remove her as Zimbabwe Miners Federation (ZMF) president after the High Court dismissed an application lodged by some rivals who were challenging her legitimacy as the organisation’s leader.
A group of miners under the banner of Zvishavane-Mberengwa Miners Association (ZMMA) had applied for a High Court interdict to stop her from “masquerading” as ZMF president.
The ZMF represents small-scale miners and accounts for half the country’s gold deliveries.
In its court challenge, ZMMA led by Thembinkosi Sibanda accused Rushwaya of attempting to take over the leadership of ZMF through unorthodox means.
The court challenge was filed last Friday.
ZMMA lawyers cited the controversial former Zimbabwe football boss as first respondent.
Also cited as respondents were Wellington Takavarasha, the ZMF CEO, the organisation itself and the Rushwaya led executive.
“The 1st respondent (Ms Rushwaya) and 2nd respondent (Takavarasha) are seemingly masquerading to the public as the duly elected officials of third respondent (ZMF) in direct contempt of the provisional order granted on 14 June 2018.
“(Ms Rushwaya) is misleading the public by stating and behaving as if she is an elected president of ZMF,” Sibanda said in his founding affidavit.
In its Thursday ruling, the High Court threw the matter out, allowing Rushwaya to continue in her job.
ZMF announced the development in a Thursday statement.
“The court refused to hear and grant application where Zvishavane-Mberengwa were seeking to have Henrietta Rushwaya stopped from being president of ZMF and Takavarasha and the Executive,” ZMF said in a statement.
“If their interim relief is to be very effective and effected, Zvishavane-Mberengwa must serve all the members of ZMF regardless of where they are in order for the interim relief to be effective.
“The Application was thrown out. As of now, we can continue working in our capacities.”
In June, the High Court, under case number 1652/18, blocked the ZMF from holding its elections for a new leadership in which Rushwaya intended to contest as a presidential candidate.
The ruling was made by Justice Nicholas Matonsi following an urgent chamber application filed at the Bulawayo High Court by ZMMA citing ZMF as the respondent.
ZMF conducted elections in June this year in Gweru after the term of the previous executive had come to an end.
Rushwaya was unanimously elected to the post of president by ZMF affiliates, taking over from Ishmael Kaguru, whose executive’s term of office expired on April 26.
But those challenging her legitimacy insist the election was done outside procedure while accusing her of buying votes, among some electoral malpractices that saw her land the job.
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