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Joseph Panganai Kugara, a member of the Kwekwe Mining Association, an affiliate of the Zimbabwe Miners Federation (ZMF) has approached the High Court to order Henrietta Rushwaya to quit her role as the ZMF President.
Kugara approached the Masvingo High Court under Case number HCMSC89/24. The Zimbabwe Miners Federation is the first respondent. Henrietta Rushwaya is the second respondent, while the Minister of Mines and Mining Development is the third respondent.
Sometime on or about the 26th of October 2020, Rushwaya was arrested while trying to smuggle 6 kilograms of gold then worth over US$360 000. She was released on bail pending trial. This was before her appointment as the president of the ZMF.
The case took time to be finalized and it took twists and turns which attracted both local and international media attention.
Rushwaya was eventually convicted after a full trial and was sentenced to 12 months imprisonment, wholly suspended on condition that she paid a fine of US$5000.00 sometime on or about the 10th November 2023.
“After Rushwaya’s conviction, she has continued to hold the office of the President of the Zimbabwe Miners’ Federation. I must point out that in terms of article 20.3.1 of the ZMF’s constitution, an Annual General Meeting of the members of the Federation must be held before the 15th of December of each calendar year. However, the AGM was not held in 2023.
“Therefore, the issue of Rushwaya’s presidency post her conviction and sentence was never discussed and no one ever had the opportunity to cast a vote on the issue. Rushwaya’s continued tenure of office post her conviction and sentence is in direct contravention of the ZMF constitution. In terms of article 12.1.2 of the constitution, a member who engages in competition with the ZMF or is involved in acts of an illegal or fraudulent nature or acts in a manner that brings the name of the ZMF into disrepute must have their membership terminated upon recommendations to the General Council by the National Executive,” Kugara said.
Furthermore, in terms of article 12.1.3, a member who generally fails to abide by and observe the provisions of the constitution must have their membership terminated. In addition, in terms of article 18.3 of the constitution of the ZMF, a National Executive member convicted of a criminal offence shall also cease to be a member of the National Executive.
“It is on this basis that I have now approached the honourable court since Rushwaya, being convicted of contravening section 182 (1) (a) of the Customs and Excise Control Act [Cap 23:02] (Smuggling of gold) IS NO LONGER FIT and proper to hold the office of the 1st Respondent’s president and that her continued tenure is ultra vires the constitution and should be declared as such. I thus file the application on these circumstances,” Kugara said.
By the time of going to press, Rushwaya was not reachable on her mobile phone.