Mawere tackles Mnangagwa

HARARE - Zimbabwean businessman Mutumwa Mawere (pictured left) has approached the Constitutional Court seeking to regain control of his companies that were placed under judicial management after fraud allegations were raised against him.

In the application, SMM Holdings Limited, THZ Holdings Limited and Africa Resources Limited are cited as applicants, while Emmerson Mnangagwa,  Justice, Legal and Parliamentary Affairs minister was cited as the respondent.

Mawere is seeking the court to declare sections of the Reconstruction of State-Indebted Insolvent Companies Act to be inconsistent with the supremacy and founding values and principles of the Constitution.

“It is not in dispute, therefore, that SMM was placed under the control of a state-appointed administrator prior to the provisions of Section 8 of the Reconstruction Act that only came into force on 4 March 2005 when the Reconstruction of the State-Indebted Insolvent Companies Act (the Reconstruction Act) was enacted into law,” Mawere argues.

The businessman, who is represented by Benjamin Chikowero, said: “It is further submitted that the retrospective application of the Reconstruction legislation conflicts with two key Zimbabwean constitutional principles, being the rule of law and the principle of separation of powers.”

He said facts in this matter showed there was no involvement of the legislature and the judiciary at the material time and that proper procedures were not followed.

“The Reconstruction Act violates Section 69 and 71 of the Constitution to the extent that it permits the State to expropriate property without notice, payment of compensation or judicial oversight and also denies persons subject to it access to courts,” Mawere said. He said there was no causal link between the alleged state-indebtedness of SMM and its associated companies and the allegations of fraud against him.

“The rationale behind the Reconstruction measures and Act was that due to the alleged fraud, SMM found itself under a dire financial situation necessitating the state to intervene using Presidential emergency powers,” Mawere said.

Comments (6)

Zanu pf should walk the talk on indeginisation policy. The most successful indeginous people of Zimbabwe are the ones always on the run from Zanu pf persecution. We thought it was only affecting the whites when they were taking over farms but blacks like Mawere fell prey to this carval callled Zanu pf. Where is the most richest business man Strive Masiwa? If he dares step foot in Zimbabwe he will get arrested. I hear even Enock Kamushinda is also on the run, the likes of James Makamba just to mention but a few. So please Zanu pf stop persecuting the real ideginous citizens and walk the talk.

Shepy Tarzy - 24 October 2013

It is Zanu .pf which fell prey to mawere . Mawere did not pay a single cent for Shabanie.

kokorigo - 24 October 2013

And people are made to cry foul over Western imposed sanctions, when, indeed, there are such callously imposed sanctions from within. Wake up Zimbos from the disillusioning clamouring of empowerment. Its destruction potential is even more lethal than the elusive so called Western imposed sanctions. As Tarzy rightly comments, zanu pf is a dangerous menace to indigenous business bent only on paronising potential business than run professional business. zanu is against development of genuine, local business moguls. Be advised ZIMBOS before it is too late

Tototo - 25 October 2013

Pliz let those who can ,make use of shabani do so people are suffering at the mine. Vanhu havasi kutambira for years zvinobatsirei izvozvo hurumende irikurasikirwa nemari zhinji chaizvo iyo yakatarisa zvinofamba sei ipapa.

Torai hupfumi - 25 October 2013

Cdes the idea is not for every one to be a farmer or a businessman.... through this indigenization policy but think about employment. we can actually deduce that all state owned business are benefiting few big sharks on the expense of others and where ever they take a company the first thing is failing to pay the workers. We can also see that these top guys are good and talking but nothing is put on the ground, only there closest family members are enjoying. Its fun that there are negative talks about Econet. Why cants you proud of these blacks who are employing tens of thousands.

Heavyengine - 25 October 2013

Let Mawere take over the business and many get employed.

Shasha - 25 October 2013

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