Zimpapers Logo

Henrietta Rushwaya

Mashudu Netsianda, Senior Court Reporter
THE High Court has blocked the Zimbabwe Miners’ Federation (ZMF) from holding its elections for a new leadership in which former Zifa chief executive officer, Ms Henrietta Rushwaya, sought to contest as a presidential candidate.

The ruling by Bulawayo High Court judge Justice Nicholas Mathonsi follows an urgent chamber application by a group of small scale miners who cited ZMF as the respondent and said there was a plot to rig the elections in Ms Rushwaya’s favour.

The group of miners under the banner Zvishavane-Mberengwa Miners’ Association (ZMMA) accused Ms Rushwaya of attempting to take over the leadership of ZMF through unorthodox means.

The applicants were represented by lawyers from Mutuso, Taruvinga and Mhiribidi Attorneys.

On Thursday, the High Court stopped the elections that were supposed to be held on the same day.

“The respondent be and hereby interdicted from proceeding with the elections on 14 June 2018. The respondent be and hereby postpone the elections sine die. In the event that elections have been held prior to this application being determined the results and the proceedings thereof be and are hereby declared null and void,” ruled Justice Mathonsi.

ZMMA had argued that the election process was fraught with irregularities and vote buying by Ms Rushwaya, hence polls for a new ZMF national executive should be postponed indefinitely due to interference by members of the federation’s general council.

ZMF was formed in 2003, mainly to champion the interests of small scale and artisanal miners.
In his founding affidavit, ZMMA chairperson Mr Thembinkosi Sibanda said ZMF unprocedurally admitted 13 new associations to join the federation. He queried Ms Rushwaya’s intention to run for the ZMF presidency yet she is not affiliated to the organisation.

He said Ms Rushwaya paid $6 500 affiliation fees for the 13 new associations whose admission was irregular and a violation of the ZMF constitution.
Mr Sibanda said the circumstances under which Ms Rushwaya joined the ZMF were questionable and shrouded in controversy.

“I find it odd that she (Ms Rushwaya) paid subscription fees for the 13 new associations. One wonders what her relationship is with any of or all of these associations to the extent of paying their affiliation fees. This is suspicious and clearly there could be a relationship between the 13 associations and Rushwaya,” he said.

Mr Sibanda said the voting process has already been tainted with impropriety.

“There must be an investigation to establish who the 13 associations are, when did they register and join ZMF and what links do they have with Rushwaya?

I submit that voter confidence has been lost in these forthcoming elections, and if the elections are allowed to continue on 14 June 2018 without a proper vetting exercise, there is bound to be a likelihood of rigging,” he said.

“My suspicion is strengthened by the fact that Rushwaya is not new to being accused of corruption. She is a former boss at Zifa and was dismissed on allegations of corruption. In light of her previous corruption allegations coupled with the present circumstances, one is bound to keep guard and protect the reputation of ZMF.”

In 2016, Ms Rushwaya was fired as Zifa chief executive officer after a disciplinary tribunal appointed by Zifa ruled that she be dismissed for mismanagement and insubordination. She had been found guilty on the majority of the charges levelled against her. In February 2012, Ms Rushwaya was arrested by the Zimbabwe Anti-Corruption Commission (Zacc) on allegations of bribery and match-fixing linked to the Asiagate scandal.

She was found guilty of failing to account for a loan made to Zifa of $103 000 and authorising a 2008 trip to Malaysia where elite club Monomotapa masqueraded as the Zimbabwe national team.

Ms Rushwaya and her two accomplices, the late former Zifa board member Mr Edzai Kasinauyo and fired Warriors’ assistant coach Mr Nation Dube were also accused of conniving to fix the Afcon qualifier matches between Swaziland and Zimbabwe.

They were, however, later cleared of match fixing by a Harare regional magistrate Ms Lucy Mungwari who ruled that the State failed to prove a prima facie case against the trio.

She said there was no evidence linking the trio to the scandal. – @mashnets