No joy for Jane Mutasa

HARARE - Indigenous Business Women’s Organisation (IBWO) president Jane Mutasa yesterday suffered a “major pyschological blow” after the Supreme Court threw out her appeal for reinstatement as Telecel Zimbabwe (Private) Limited (Telecel) chairperson and director.

This also comes as the combative businesswoman is also locked in another bruising battle with fellow Empowerment Corporation (Private) Limited (EC) shareholders over the planned disposal of the company’s 40 percent stake in the mobile venture.

But yesterday, Supreme Court judges Elizabeth Gwaunza, Antonia Guvava and Susan Mavangira struck off Mutasa’s case — with costs — on the basis that the application was defective.

“The relief is defective in a number of aspects. There is no appeal before us,” she said.

Represented by advocate Ray Goba, Mutasa was challenging High Court judge Nicholas Mathonsi’s July 2014 ruling that her application for reinstatement was before the wrong court — as it was supposed to be heard by an arbitrator.

“The applicant had no business bringing this matter to this court. It should have been referred to arbitration. No meaningful argument has been advanced to justify the route that the applicant has taken contrary to the dictates of the covenant governing the relationship between the parties. Having taken a wrong turn, the applicant must face the consequences of her actions,” he said.

Mutasa, meanwhile, had been booted out of Telecel after being accused of siphoning $1,7 million worth of airtime and in a matter that has dragged on in the courts.

As it is, Zimbabwe’s Constitutional Court has upheld a lower court decision and order that Prosecutor General Johannes Mutasa must issue a private prosecution certificate for the feisty businesswoman after the public attorney had started dithering.

In the Supreme Court case, Mutasa had argued that she was handed over a dismissal letter after release from remand prison and that she had been excluded from attending a London extraordinary board meeting where various issues were discussed.

According to her, it is at this gathering that her Telecel suspension was announced since her bail conditions were so strict that she could not travel.

In the case before Mathonsi, Mutasa sought an order declaring the resolution to fire her as null and avoid, and of no legal effect.

“It is clear that the respondents (Telecel) have staged a boardroom coup. Like all coups the respondents have acted unlawfully, and have violated my rights as the chairperson, director and shareholder,” she said in her papers.

However, Telecel through its lawyers Isiah Mureriwa and Richard Fitches, dismissed Mutasa’s claims.

“Applicant is not a shareholder in Telecel... and has never been the substantive chairperson of Telecel Zimbabwe Board of Directors. Telecel... has two shareholders, namely Telecel International (60 percent) and Empowerment Corporation... (40 percent),” they said.

As things stand, the Selpon Investments co-founder’s urgent court action to stop the sale of EC’s stake was due to be heard before Justice David Mangota yesterday.

Comments (2)

Telecel Zimbabwe (Private) Limited was formed to frustrate Strive Masiwa but it looks like the "masters" are now hoist by their own petard.

Galore 123 - 18 February 2015

"prosecutor general Johannes Mutasa"?,really? it just goes to show your fixation with the disgraced Didymus&Jane

chitova - 19 February 2015

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