News / National
Mutumwa Mawere's court application hit a snag
04 Mar 2014 at 06:11hrs | Views
hit a snagA bid by businessman Mr Mutumwa Dziva Mawere to have his property challenge heard on an urgent basis yesterday hit a snag after the High Court threw out the application for lack of urgency.
Mr Mawere and SMM Holdings, in the main case, are seeking an order declaring whether or not SMM Zimbabwe is under reconstruction, the Herald reported.
He argues this has a bearing on some pending court cases involving the company in South Africa.
In a judgment delivered by Justice David Mangota on Thursday, Mr Mawere failed to establish urgency in his challenge.
"For the reasons which appear in the body of this judgment, the applicants failed to prove their case on a balance of probabilities.
"They could not show that the application which they brought to court was, or is, urgent.
"They, on their part, or at least one of them, did not treat the application with the urgency it deserved. The application is, accordingly, dismissed with costs," he said.
Advocate Eric Matinenga, instructed by Mr Benjamin Chikowero of Gutu and Chikowero, represented Mr Mawere while Dube Manikai and Hwacha law firm acted for Minister of Mines and Mining Development, Zimbabwe Mining Development Corporation and SMM administrator Mr Afaras Gwaradzimba.
The court also agreed with Government in the application that SMM Holdings and THZ Holdings, which are foreign entities, should pay security of costs in their lawsuits.
"It is the court's view that the interests of the parties to this application will best be served if the applicants are made to pay into court security for costs as an assurance to the respondents that where an award of costs is made in their favour, their costs for the suit are guaranteed irrespective of the fact that the applicants are within or outside their reach," ruled the court.
Mr Mawere said what triggered the urgency of the case were statements made by Mines and Mining Development Minister Walter Chidhakwa in Senate recently.
Minister Chidhakwa told senators that Government through ZMDC was committed to resuscitating operations at SMM, but the process had been stalled by Mr Mawere's court interdict at the South African court.
Minister Chidhakwa had last week submitted that SMM remained under reconstruction until an order to the contrary was made in terms of the enabling legal statute.
Mr Mawere is challenging ownership of the mine that was placed under judicial management in 2004 after serious financial problems that constrained its capacity to meet obligations.
In 2011, Mr Mawere threatened legal action against ZMDC when the State enterprise said it was taking over management of Zimbabwe's sole asbestos mining firm.
Minister Chidhakwa recently indicated that he was working with finance minister Patrick Chinamasa to ensure the resumption of operations at all mines and other projects that closed down in recent times.
Mr Mawere and SMM Holdings, in the main case, are seeking an order declaring whether or not SMM Zimbabwe is under reconstruction, the Herald reported.
He argues this has a bearing on some pending court cases involving the company in South Africa.
In a judgment delivered by Justice David Mangota on Thursday, Mr Mawere failed to establish urgency in his challenge.
"For the reasons which appear in the body of this judgment, the applicants failed to prove their case on a balance of probabilities.
"They could not show that the application which they brought to court was, or is, urgent.
"They, on their part, or at least one of them, did not treat the application with the urgency it deserved. The application is, accordingly, dismissed with costs," he said.
Advocate Eric Matinenga, instructed by Mr Benjamin Chikowero of Gutu and Chikowero, represented Mr Mawere while Dube Manikai and Hwacha law firm acted for Minister of Mines and Mining Development, Zimbabwe Mining Development Corporation and SMM administrator Mr Afaras Gwaradzimba.
"It is the court's view that the interests of the parties to this application will best be served if the applicants are made to pay into court security for costs as an assurance to the respondents that where an award of costs is made in their favour, their costs for the suit are guaranteed irrespective of the fact that the applicants are within or outside their reach," ruled the court.
Mr Mawere said what triggered the urgency of the case were statements made by Mines and Mining Development Minister Walter Chidhakwa in Senate recently.
Minister Chidhakwa told senators that Government through ZMDC was committed to resuscitating operations at SMM, but the process had been stalled by Mr Mawere's court interdict at the South African court.
Minister Chidhakwa had last week submitted that SMM remained under reconstruction until an order to the contrary was made in terms of the enabling legal statute.
Mr Mawere is challenging ownership of the mine that was placed under judicial management in 2004 after serious financial problems that constrained its capacity to meet obligations.
In 2011, Mr Mawere threatened legal action against ZMDC when the State enterprise said it was taking over management of Zimbabwe's sole asbestos mining firm.
Minister Chidhakwa recently indicated that he was working with finance minister Patrick Chinamasa to ensure the resumption of operations at all mines and other projects that closed down in recent times.
Source - The Herald
