News / National
Wadyajena harrases Musarara over grain transportation deal
19 Jun 2022 at 19:59hrs | Views
Controversial GOKWE Nembudziya legislator, Justice Mayor Wadyajena, is up in arms with businessman, Tafadzwa Musarara, after he allegedly kicked him out of a grain and inputs transportation deal.
Musarara, through the Grain Millers Association of Zimbabwe (GMAZ), has taken the matter to the High Court, also citing the Parliamentary Committee chaired by Wadyajena, the Parliament of Zimbabwe, Speaker of Parliament, Jacob Mudenda, Clerk of Parliament, the Reserve Bank of Zimbabwe and Finance minister, Mthuli Ncube as respondents.
Wadyajena is the chairperson of the Parliamentary portfolio committee on Lands and Agriculture.
GMAZ has submitted that in kicking him out, Wadyajena showed "his interests in the cause of bias, malice or corruption in the manner he conducted himself throughout the proceedings."
The court was told that while the law allows the committee to order any person to appear before it, the same law does not permit it and its chairperson to prepare and adopt reports.
In this regard, GMAZ is seeking a review of the committee's inquiry proceedings in which it was listed as a respondent.
The association said they were ambushed by the committee and bullied by Wadyajena.
"The applicants apply in terms of the provisions of the High Court Act, Chapter 7:06 as read with the provisions of the Administrative Justice Act Chapter 10:28 and the common law for the review of the proceedings relating to the funds distributed by the 6th respondent (RBZ) to the 1st applicant (GMAZ) for procurement of wheat, which took place before the 1st respondent (Parly committee) chaired by 2nd respondent (Wadyajena) and a report relating to proceedings which report was adopted in national assembly in the proceedings chaired by 4th respondent (Mudenda) on May 10 2022," reads the court application.
GMAZ, Drotsky PVT Limited and Musarara are cited as applicants.
"Second respondent is an interested party in the proceedings in that he operates a fleet of trucks, which he owns under the company called Mayor Logistics.
"This company was awarded contracts to ferry agricultural inputs, grain, cotton and other crops on behalf of the government.
The association indicated that Wadyajena failed to declare his interests in the matter, but went on to preside over the inquiry, despite him being conflicted.
"The result of the failure by Wadyajena to declare that he is conflicted is that he presided over a committee that has oversight over the grain value chain business, in which he is an interested party benefiting through his company, Mayor Logistics, which is a clear breach of the Administrative Justice.
"The 2nd respondent displayed he had nefarious motives calculated to harass, embarrass and portray 1st applicant in bad light by passing gratuitous and sarcastic comments against the applicant on social media at the time when the proceedings were pending or ongoing under his chairmanship."
GMAZ appealed to the court to set aside the committee's findings.
Musarara, in his affidavit, said Wadyajena's conduct during the proceedings were reckless and unprofessional.
"The reckless and unprofessional conduct of 2nd respondent manifested itself in relation to a separate enquiry in respect of funding by the 1st applicant (GMAZ) to the Grain Marketing Board. 1st applicant wrote a letter of complaint against 2nd respondent to 5th respondent on the conduct of (Wadyajena) that he was on a witch hunt against 1st applicant," Musarara submitted.
Musarara, through the Grain Millers Association of Zimbabwe (GMAZ), has taken the matter to the High Court, also citing the Parliamentary Committee chaired by Wadyajena, the Parliament of Zimbabwe, Speaker of Parliament, Jacob Mudenda, Clerk of Parliament, the Reserve Bank of Zimbabwe and Finance minister, Mthuli Ncube as respondents.
Wadyajena is the chairperson of the Parliamentary portfolio committee on Lands and Agriculture.
GMAZ has submitted that in kicking him out, Wadyajena showed "his interests in the cause of bias, malice or corruption in the manner he conducted himself throughout the proceedings."
The court was told that while the law allows the committee to order any person to appear before it, the same law does not permit it and its chairperson to prepare and adopt reports.
In this regard, GMAZ is seeking a review of the committee's inquiry proceedings in which it was listed as a respondent.
The association said they were ambushed by the committee and bullied by Wadyajena.
"The applicants apply in terms of the provisions of the High Court Act, Chapter 7:06 as read with the provisions of the Administrative Justice Act Chapter 10:28 and the common law for the review of the proceedings relating to the funds distributed by the 6th respondent (RBZ) to the 1st applicant (GMAZ) for procurement of wheat, which took place before the 1st respondent (Parly committee) chaired by 2nd respondent (Wadyajena) and a report relating to proceedings which report was adopted in national assembly in the proceedings chaired by 4th respondent (Mudenda) on May 10 2022," reads the court application.
"Second respondent is an interested party in the proceedings in that he operates a fleet of trucks, which he owns under the company called Mayor Logistics.
"This company was awarded contracts to ferry agricultural inputs, grain, cotton and other crops on behalf of the government.
The association indicated that Wadyajena failed to declare his interests in the matter, but went on to preside over the inquiry, despite him being conflicted.
"The result of the failure by Wadyajena to declare that he is conflicted is that he presided over a committee that has oversight over the grain value chain business, in which he is an interested party benefiting through his company, Mayor Logistics, which is a clear breach of the Administrative Justice.
"The 2nd respondent displayed he had nefarious motives calculated to harass, embarrass and portray 1st applicant in bad light by passing gratuitous and sarcastic comments against the applicant on social media at the time when the proceedings were pending or ongoing under his chairmanship."
GMAZ appealed to the court to set aside the committee's findings.
Musarara, in his affidavit, said Wadyajena's conduct during the proceedings were reckless and unprofessional.
"The reckless and unprofessional conduct of 2nd respondent manifested itself in relation to a separate enquiry in respect of funding by the 1st applicant (GMAZ) to the Grain Marketing Board. 1st applicant wrote a letter of complaint against 2nd respondent to 5th respondent on the conduct of (Wadyajena) that he was on a witch hunt against 1st applicant," Musarara submitted.
Source - Shelton Muchena