Gloves off as legal battle for war veterans leadership hots up

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The battle for the control of the Zimbabwe National Liberation War Veterans Association (ZNLWVA) is far from over as Hon Monica Mavhunga has responded to an urgent chamber application lodged at the High Court by a faction of liberation war fighters aligned to Moffat Elias Marashwa.

Hon Mavhunga responded to the case in the High Court of Zimbabwe (Case Number HCCC78/24) held at Chinhoyi in the matter between Elias Moffat Marashwa (applicant) and the Minister of Veterans of the Liberation Struggle Affairs (first respondent) and the Minister of Public Service, Labour, and Social Welfare (second respondent) and Douglas K. Mahiya (third respondent).

“Subject to my comments on the unintelligible nature of the applicant’s claim, I have read and understood the Applicant’s founding papers and wish to respond to them as follows:

“Applicant lacks locus standi to litigate on his behalf and on behalf of ZNLWVA. Applicant alleges that an elective congress of the Zimbabwe National War Veterans Association was held on 3 and 4 May 2024 at Rukawo Motel in Chegutu where the national executive for the liberation war veterans was elected to run the affairs of ZNLWVA for the next five years and he was elected Chairman of the Association.
“Applicant has not attached any evidence which shows that he is a veteran of the liberation struggle or even to show to this honourable court that he is a member of ZNLWVA. I am advised by counsel which advice I take to be correct that it is the principle of the law that he who alleges must prove. There is therefore no evidence before this honourable court to show that the applicant is a liberation war veteran and a member of the Zimbabwe National Liberation War Veterans Association,” reads a part of Hon Mavhunga’s response.
She said the purported elective congress held by the applicant was unsanctioned and illegal and did not have the blessings of the Patron, His Excellency the President of the Republic of Zimbabwe Dr E.D.Mnangagwa who snubbed the event.
“This averment by the applicant is a gross misrepresentation of facts since the purported elective congress was a mere gathering by the applicant’s purported faction members who are running a parallel structure of the ZNLWVA whilst the duly elected national executive led by Cde Christopher Mutsvangwa is still in office pending an elective congress of the Association even though their tenure of office expired.
“The 14 June 2024 statement did not come as a surprise at all as alleged by the applicant. In line with my Ministerial mandate to superintend over the welfare of Veterans of the Liberation Struggle, I was directed by the Patron of ZNLWVA to bring sanity into the Association which was riddled with problems and had split into three warring factions. To bring sanity to the Association, an elective congress was supposed to be held hence the announcement,” Hon Mavhunga argues.
She added that the purported national elective congress of the ZNLWVA held by the applicant was unlawful because Cde Christopher Mutsvangwa and his executive committee are still in office despite the expiry of their tenure and no recognized elective congress has been conducted.
Samuel Getbusy Mhlanga, the Spokesperson of the ZNWLA aligned to Marashwa said Hon Masvhunga’s response parades her ignorance of how the Private Voluntary Organisation (PVO) Act operates.
“It should be noted that the ZNLWVA is a PVO which is registered under the PVO Act administered by the Minister of Public Service Labour and Social Welfare Hon. Cde July Moyo.  We are again astonished by the degree of legal ignorance displayed by the Hon. Minister who fails to know that Private Voluntary Organisations (PVOs) do not fall under her mandate. She also fails to realise that by operation of the law, the Zimbabwe National Liberation War Veterans Association (ZNLWVA) is deregistered and what Alderman Cde Elias Moffat Marashwa is doing is resuscitating it at the professional advice of the then Minister of Public Service Labour and Social Welfare Hon. Professor Mavima.
“At the moment the Parliament is seized with war veterans petitions demanding that the Government attends to our welfare and that of our dependents, an area where Hon. Minister Cde Monica Mavhunga should spend her energy on. It is a pity that since her appointment as our Minister, there is nothing she has done to uplift the lives of war veterans. War veterans are dying and no meaningful assistance is given other than the firing of guns by soldiers at the graveside. No food and no transport for mourners. Since her appointment, Hon. Minister Monica Mavhunga has failed to deploy District Field Officers (DFOs) in all the districts to attend to life challenges affecting war veterans. Instead, she is transferring to Harare officers in the districts,” Mhlanga said.
He said the Minister has presented herself to disturb the smooth running of a PVO of veterans of the liberation struggle and in the process, violating the Provisions of the PVO Act.
“We walked out of her meeting on 10 June 2024 when we realised that she had called a group of war veterans well known for denigrating our Patron H.E. the President Cde E. D. Mnangagwa and the ruling Party ZANU PF.  She invited the group to violate a standing instruction from the Party President through the Party Secretary General that ZANU PF should only work with war veterans groups which support the Party. While we will accept any verdict that will be given by the High Court, we feel ashamed for the route  Hon. Minister Monica Mavhunga has chosen to follow and in the process, prolong our suffering by denying us to help ourselves.
“She is not even ashamed to mention that Ambassador Cde Christopher Mutsvangwa’s defunct committee is still in office and in the same breath, agreeing that their term of office expired more than once.”
Phineas Marikomo, the Secretary-General of the ZNWLA affiliated to Marashwa, said they have been assured by their lawyers that the Hon. Minister has misfired. He added that their lawyers are going to respond to her presentations.
Another war veteran, Thabie Shoko said: “The level of ignorance by the Hon. Minister for lack of understanding of a PVO is so embarrassing. After she loses this one, the President should fire her. She doesn’t know what a PVO is. And again we don’t directly fall under her Ministry as an association. She misfired on this one. It’s a shame.”