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Mliswa, Ziyambi clash over Reconstruction Act
10 Nov 2018 at 08:21hrs | Views
Norton Member of Parliament and Chairperson Parliamentary of the Portfolio Committee for Mines and Energy Temba Mliswa has come out guns blazing against Ziyambi Ziyambi the Minister of Justice, Legal and Parliamentary Affairs accusing him of selective application of law.
Mlwisa's rant comes after Ziyambi issued a Reconstruction order to place Hwange Colliery Company under the control of an administrator using the controversial Reconstruction of State-Indebted Insolvent Companies Act.
"Whilst the Reconstruction Act is a good piece of legislation Honourable Ziyambi Ziyambi, the timing and implementation is what is put to question. If Hwange is a State indebted company, how many others are they out there and should not the Reconstruction Act be similarly invoked on them for consistency?"said Mliswa
"Selective application in Hwange s instance serves to flame a perception or misunderstanding that the move may be more personal than nationalistic. Our role is to ensure that procedures are followed, and we make recommendations. Failure to adhere to recommendations is contempt of Parliament. Government must learn to take heed of Parliament recommendations to avoid wasting tax payers money."
In a response to Mliswa, Minister Ziyambi said, "Let me start by saying that, I remember sometime this year the chairperson of the portfolio committee on mines called in the management of Hwange Colliery. He expressed his displeasure at the way they were managing the company and he was unhappy that the State was giving the company money and they were not performing.
"What Government then decided to do was, there is a provision within the Reconstruction of State-Indebted Insolvent Companies Act which allows the Minister of Justice when he sees that a company that owes the State money or if it appears to him that it is not performing or for whatever reason he believes that the company is not performing, the Act allows him to put it under reconstruction if it appears that the company put under reconstruction can be turned over and be profitable,
I am not sure, the very same committee that was concerned about Government losing money is now concerned that Government is now taking action to ensure that shareholders and Government do not lose money."
The Reconstruction Act was effected into law by Former Minister of Justice Patrick Chinamasa when he wanted to take over companies owner by South African based business tycoon Mutumwa Mawere. It is commonly known as The Mawere Law.
Mlwisa's rant comes after Ziyambi issued a Reconstruction order to place Hwange Colliery Company under the control of an administrator using the controversial Reconstruction of State-Indebted Insolvent Companies Act.
"Whilst the Reconstruction Act is a good piece of legislation Honourable Ziyambi Ziyambi, the timing and implementation is what is put to question. If Hwange is a State indebted company, how many others are they out there and should not the Reconstruction Act be similarly invoked on them for consistency?"said Mliswa
"Selective application in Hwange s instance serves to flame a perception or misunderstanding that the move may be more personal than nationalistic. Our role is to ensure that procedures are followed, and we make recommendations. Failure to adhere to recommendations is contempt of Parliament. Government must learn to take heed of Parliament recommendations to avoid wasting tax payers money."
In a response to Mliswa, Minister Ziyambi said, "Let me start by saying that, I remember sometime this year the chairperson of the portfolio committee on mines called in the management of Hwange Colliery. He expressed his displeasure at the way they were managing the company and he was unhappy that the State was giving the company money and they were not performing.
"What Government then decided to do was, there is a provision within the Reconstruction of State-Indebted Insolvent Companies Act which allows the Minister of Justice when he sees that a company that owes the State money or if it appears to him that it is not performing or for whatever reason he believes that the company is not performing, the Act allows him to put it under reconstruction if it appears that the company put under reconstruction can be turned over and be profitable,
I am not sure, the very same committee that was concerned about Government losing money is now concerned that Government is now taking action to ensure that shareholders and Government do not lose money."
The Reconstruction Act was effected into law by Former Minister of Justice Patrick Chinamasa when he wanted to take over companies owner by South African based business tycoon Mutumwa Mawere. It is commonly known as The Mawere Law.
Source - Byo24News
