|
Getting your Trinity Audio player ready...
|
The Zimbabwe National Liberation War Veterans Association (ZNLWVA) 01/90 National Chairman, Cde Elias Moffat Marashwa has launched an Urgent Chamber Application barring the holding of structural elections jointly announced by Hon. Minister Cde Monica Mavhunga, Hon. Minister July Moyo and ZANU PF Secretary for War Veterans League, Cde Douglas Kufakunesu Mahiya planned for 12 June 2024 Districts, 29 June 2024 Provinces and 12 July 2024 National.
The Marashwa-led ZNLWVA said the association held its Elective Conference on 04 May 2024 with full consultation with their Patron, President Emmerson Mnagagwa. The hearing is scheduled for 20 June 2024 at Chinhoyi High Court at 14:00hrs.
Cde Marashwa has approached the High Court after reading that the respondents (Cde Douglas K. Mahiya, Hon. Monica Mavhunga, and Hon. July Moyo) were violating the PVO Act by mingling in the affairs of ZNLWVA.
In the Court Application, Cde Marashwa avers that on 3 and 4 May 2024, the delegates of the liberation war veterans drawn from all the ten provinces of Zimbabwe held their elective congress at Rukawo Motel in Chegutu.
The main items on the agenda were that the ZNLWVA road map and challenges, membership and financial report and holding of elections for the national executive committee for the ZNLWVA. The Patron of the ZNLWVA, President Mnangagwa was invited to attend the congress whose minutes were shared with the Cour in the application.
Among the business conducted at the congress were the elections of national executive committee for the liberation war veterans. It was agreed that the national executive committee shall run the affairs of the ZNLWVA for the next five years in terms of the ZNLWVA constitution. The national executive committee so elected comprises of the following office bearers: Comrade Moffat E.Marashwa- Chairman; Comrade Thabisile Shoko – Deputy Chairman; Comrade Phineas Marikomo – Secretary; Comrade Josphat Terera – Treasurer; and Comrade Getbusy Simon Mhlanga – Secretary for Publicity and Information.
In the application, Cde Marashwa argues that after the holding of the elections for the national executive committee, he was surprised that the first, second and third respondents issued and publicized a joint statement in The Herald issue of 14 June 2024.
“The said joint statement by the all the respondents has an effect of rendering nugatory the national congress in general and the elections that were held in Chegutu on 3-4 May 2024 in particular.
“The joint utterance of the respondents directed that elections inclusive of all structures of all the ZNLWVA led by comrades Ambassador Christopher Mutsvangwa, Moffat Marashwa, and Andrease Mathibela be convened from District, Province and National Levels on 22 June 2024, 29 June 2024 and 12 July 2024 respectively. See annexure “F” attached hereto which is a cutting from The Herald newspaper of 14 June 2024, page 14 which embodies the public statement issued by all the three respondents.”
Cde Marashwa argued that the third respondent, Cde Douglas K. Mahiya, was unwarrantedly interfering in the ZNLWVA affairs, of which he is not a member, and therefore, was overstepping his mandate.
“The public announcement came as a surprise since on 30 May 2024, I wrote to the second respondent seeking audience with him to introduce the national executive committee for the ZNLWVA which was elected at the Chegutu congress. See annexure “G” attached hereto. The third respondent’s business is restricted to the party ZANU (PF) only and not to the general affairs of the liberation war veterans nationwide. He is a leader in the party ZANU PF where there is wing of liberation war veterans league. He is not in government. Hence he has no capacity to issue statements or directives of national interest for and on behalf of the liberation war veterans.
“I was baffled how the third respondent joined hands with government ministers – first and second respondents and issue such a misplaced directive. This is not a party issue. His brief is only limited to the party league not to the national affairs of the liberation war veterans. To the party ZANU (PF), the secretary general who is responsible for administration of the party is aware of the leadership elected at Chegutu since he was advised through a letter dated 28 May 2024. See annexure “H” attached hereto. Hence the utterances by the third respondent are out of bounce.
In the Court application, Mr Marahwa argued:
“In light of the above circumstances and developments, I hereby approach this Honorable Court seeking an interim order on an urgent basis to suspend and stop the holding of elections at district, provincial and national levels scheduled for 22 June 2024, 29 June 2024 and 12 July 2024 respectively. As a final order I will be seeking a declaratory order to the following effect, among other things:
“That it be declared that the congress for the Zimbabwe National Liberation War Veterans Association was held on 3-4 May 2024 at Rukawo Motel in Chegutu.
“That the national executive committee elected at the congress held on 3-4 May 2024 at Rukawo Motel in Chegutu be declared the legitimate national executive committee for the Zimbabwe National Liberation War Veterans Association for the next five (5) years counted from the date of elections.
“That the joint statement by the first, second and third respondents of 14 June 2024 be declared null and avoid.
“The joint statement issued by the respondents dated 14 June 2024 is causing more confusion than harmony, quandary and despondency among to the generality of the membership of the liberation war veterans country wide. This is reasoned so because the said statement is calling, among other things, for the holding of national elective congress for the ZNLWVA when already the congress was held in Chegutu on 3-4 May 2024.”
As Locus Standi And Right, Cde Marashwa argues that he is a liberation war veteran in Zimbabwe and a member of the Zimbabwe National Liberation War Veterans Association PVO Number 1/90. Furthermore, his name was included in the joint statement published by the three respondents in The Herald issue of 14 June 2024. In addition, he was elected as the national chairman of the national executive committee of the ZNLWVA which committee among other things is mandated to run the affairs of the liberation war veterans for the next five years. In that regard, he argues that he has real and substantial interest in this matter, hence his cannot be questioned in the matter.
If the conduct of elections and holding of another congress is allowed to happen as scheduled by the respondents, in his capacity stated above, Cde Marashwa argues that he stands to suffer irreparable harm of having parallel and illegitimate structures for the liberation war veterans in place countrywide. The national executive committee which was duly elected at the congress held at Chegutu on 3-4 May 2024 and other structures of committees to be elected based on utterances made by the respondents will produce friction, noise and disharmony as a result. The elections planned to be held will have negative impact of promoting parallel and dissent structures for the war veterans.
In seeking alternative remedy and urgency, Cde Marashwa argues:
“The 1st, 2nd and 3rd respondents announced their intentions though publications in the media, yesterday, 14 June 2024 and the elections are scheduled to start on 22 June 2024 at district levels culminating to the congress set for July 12, 2024. In terms of timeframes, the period is too short to approach this Honourable Court through an ordinary court application. This is said so because the scheduled elections will be held without the matter being even ready to be set down for hearing.
“Hence in the circumstances, this matter meets the urgency contemplated by the law. I am advised which advice I accepted as true and correct. There is no any other ordinary remedy which can protect my rights and interests as a liberation war veteran in the same way. Only this interdict which is done on an urgent basis can protect my rights and interest. The respondents cannot suffer any prejudice since they knew or ought to know that by calling for elections and planning to hold another congress, they are creating parallel structures for the liberation war veterans and their intentions are both not good and rebellious to say the least.”
