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The Supreme Court has thrown away with costs, an appeal against the whole judgment of the High Court of Zimbabwe sitting at Chinhoyi handed down by Justice Bachi Muzawazi on 30 November 2024 in case number HCCC181/24 in which an interdict was granted against the Zimbabwe National Liberation War Veterans Association (ZNLWVA) led by Cephas Ncube and Samuel Parirenyatwa in favour of a faction led by Moffat Elias Marashwa.
The lawyers for the applicants had argued that the court a quo erred at law in not finding that the 1st respondent had no locus standi in judicio against the appellants on a dispute that concerned the rights of Zimbabwe National Liberation War Veterans Association (the Association) which Association was not a party in the proceedings before the court a quo.
They argued that the court a quo erred at law in granting an interdict against the Zimbabwe National Liberation War Veterans Association (ZNLWVA) which was not a party to the proceedings before it.
“The court a quo erred in granting the interim relief sought when the 1st respondent failed to prove all the essential requirements of an interim interdict at law. Wherefore the appellants pray for the following relief: The appeal is allowed with costs. The judgment of the court a quo is set aside and in its place, the following is substituted: “The application be and is hereby dismissed with costs of suit on a legal practitioner and client scale.”
In a ruling of the Supreme Court on Thursday, May 2025, before Honourable Mrs. Justice Mavangira, Judge of Appeal; Honourable Mr. Justice Chiweshe, JA; Honourable Mr. Justice Musakwa, JA; E.T.Muhlekiwa for the appellants; M.Ndlovu for the first respondent; L.Madhuku for the second respondent; C.Chitekuteku with Ms.T.Mandima for the third and fourth respondents Civil Appeal, whereupon after reading documents filed of record and hearing counsel, it was ordered that the matter was to be struck off the roll with costs.
“We, the legitimate leaders of ZNWVA under the Chairmanship of Cde Moffat Elias Marashwa, welcome the ruling of the Supreme Court. As we have always been doing, we will continue advocating for the welfare of war veterans from all walks of life and various political persuasions. Our Patron is the President of the country, Cde Dr. E.D. Mnangagwa,” said Cde Samuel Getbusy Mhlanga, the Spokesperson of the ZNLWVA led by Cde Marashwa.
By the time of going to print, Cephas Ncube, and Samuel Parirenyatwa had not responded to questions sent to them by this publication on their way forward following the Supreme Court judgment.
