Court allows DeMbare AGM to go ahead

HARARE - The High Court has given Dynamos the green light to hold their highly contentious eighth Annual General Meeting (AGM) today after dismissing an interdict sought by some of the club’s former players.

Justice Priscilla Chigumba dismissed the application launched by Ernest Kamba and his group which also included Moses Chunga, David George, Cremio Mapfumo, Makwinji Soma Phiri, Erick Aisam, Misheck Chidzambwa, Stanley Chirambadare, Grassiano Kapfunde and Sam Mukomondo.

The group is currently embroiled in a bitter ownership wrangle with board chairperson Bernard Marriot and were seeking to stop the AGM from going ahead since they had not been invited.

They were claiming they have a right to attend the meeting since they were also shareholders and members of the electoral college according to the DeMbare constitution.

Initially, today’s AGM was not supposed to go ahead after the urgent court application by Kamba was set to be heard in chambers tomorrow at 3pm.

However, while appearing before the court for a case management meeting yesterday morning in order to prepare for tomorrow’s chamber hearing, both parties agreed they were ready to proceed with the case.

After making their submissions, Justice Chigumba ruled that the case was not an urgent matter since Kamba and his colleagues had failed to assert their rights before the previous seven AMGs that were held in the past.

If they were really concerned with the affairs of the club, they should have approached the courts before the previous meetings.

The application was also dismissed due to the grounds that the appellants failed to prove that they were indeed Dynamos shareholders by attaching the share certificates together with their application.

Kamba’s group was represented by Rumbidzai Venge, Phillip Nyakuedzwa and Tendayi Shomwe from Mambosasa Legal Practitioners.

Dynamos were represented by advocate Tawanda Zhuwarara, who had been instructed by their lawyer Brian Mutaruka.

In his court application, Kamba was seeking postponement of the AGM after Marriot had categorically stated that the former players were not allowed to attend.

The venue of the meeting had also raised concern since there were fears the former players would be assaulted if they attended.

“In the interest of the club and company, through a social media group that we run with other former players, we agreed that we should bury the hatchet and engage applicant’s current executive so that we can work together for the benefit of both club and company,” Kamba said.

“To that end the applicants who are all locally-based and other former players listed below who are based in various parts of the country and the world agreed that we should participate at the AGM for the purposes of uniting the greater Dynamos family members.

“As a way of reaching out to applicant’s current administration I was tasked . . . to make a press statement expressing our willingness to attend the AGM and requesting some information and proxy forms in order to fully prepare for the meeting and allow foreign-based shareholders to participate at the meeting and cast their votes, if need be.

“On January 12, 2017, in response to my press article, first respondent through its chairman . . . Marriot had an article . . . in which he rubbished my proposal to work together and even threatened to assault us should we attempt to attend the AGM which meeting is suppose to take place at a property owned by Kenni Mubaiwa . . .

“...Marriot categorically stated that we will be prosecuted. His claims that he is a gangster only serve to buttress our fears of attending the AGM at a private premises where we can either be assaulted or barred from attending . . .”

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