The High Court on Friday delivered a judgment in favour of the applicants in respect of the Urgent Chamber Application submitted by the Zimbabwe National Liberation War Veterans Association (ZNLWVA) led by Cde Elias Marashwa.
The lawyer representing the first respondent and the second respondent told the High Court that he did not oppose what was prayed for by the ZNLWVA National Chairman, Cde Elias Moffat Marashwa.
He also stated that he was not representing the third respondent who was absent.
Cde Samuel Getbusy Mhlanga, the Spokesperson of the ZZNLWVA led by Cde Marashwa, was jubilant about the Court ruling.
“This judgment is a clear testimony that in Zimbabwe under the wise leadership of H. E. President Cde E D Mnangagwa, there is a rule of law. Right from the beginning, we warned the respondents not to violate the Private Voluntary Organisation (PVO) Act and they ignored us. It was not our intention to drag them to court but their actions left us with no option. We are now geared to work towards improving the welfare of our members and all war veterans in general. We are looking forward to everyone’s support,” Cde Mhlanga said.
On 21 June 2024, the High Court sitting at Chinhoyi before the Honourable Justice Muzofa, issued the provisional order as follows:
“If you intend to oppose the confirmation of this provisional order, you will have to file a notice of opposition in Form 29B, together with one or more opposing affidavits, with the Registrar of the High Court at Chinhoyi within ten (10) days after the date on which this provisional Order and Annexure were served upon you. You will also have to serve a copy of the Notice of Opposition and Affidavit(s) on the Applicant at the address for service specified in the Application.
“If you do not wish to file an opposing Affidavit within the period specified above, this matter will be set down for hearing in the High Court at Chinhoyi without further notice to you and you will be dealt with as an unopposed application for confirmation of the Provisional Order.
“If you wish to have the Provisional Order changed, or set aside sooner than the rules of court normally allow, and can show good cause for this, you should approach the applicant/Applicant’s Legal Practitioners to agree in consultation with the Registrar, on a suitable hearing date. If this cannot be agreed upon or there is great urgency, you may make Chamber Application or Notice to the Applicant, for directions from a Judge as to when the matter can be argued,” the order read.
The interim order stated that pending the return date, the holding of elections for the Zimbabwe National Liberation War Veterans Association at district, provincial, and national levels scheduled for 22 June 2024, 29 June 2024, and 12 July 2024 were stopped and suspended and; that the holding of the congress for the Zimbabwe National Liberation War Veterans Association scheduled for 12 July 2024 was suspended and stayed.
In the case of no opposing papers within the stipulated timeframe, the ZNLWVA led by Cde Elias Moffat Marashwa is the legitimate leadership of the war veterans.
By the time of going to print, there was no comment from the faction of war veterans led by Cde Andrease Mathibela. There was also no response from Cde Douglas K. Mahiya, Hon. Monica Mavhunga, and Hon. July Moyo, who were cited as the respondents in the Urgent Chamber Application lodged at the High Court.
