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Court dismisses Zinasu students' appeal
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There was a heavy presence of riot police and Central Intelligence Organisation (CIO) operatives at the Masvingo High Court on Monday as five Zimbabwe National Students Union (ZINASU) members suspended from Midlands State University (MSU) appeared before the court seeking reinstatement.
The appeal by Fanuel Gona, Nester Moyo, Tanaka Sibanda, Keegan Mathe, and Takunda Mhuka was dismissed by Justice Sunsley Zisengwe for late submission of key documents.
The students were suspended on February 25, 2025, after an MSU disciplinary hearing found them guilty of conducting an unsanctioned recruitment drive for ZINASU on campus. Mhuka was subsequently expelled.
Dozens of students who gathered outside the court in solidarity with the five were at one point dispersed by riot police, in a tense standoff that underscored the growing friction between student activists and university authorities.
MSU was represented by Manners Jaravaza of Dzimba, Jaravaza and Associates, while the students were represented by Brian Dube of Gundu, Dube and Pamacheche Legal Practitioners.
Jaravaza argued that the students' application was incompetent due to procedural non-compliance. He told the court that Dube had failed to serve a certificate of service within the required five-day period as stipulated under the High Court Rules.
Court records show that while the application for review was filed on May 20, 2025, the certificate of service was only submitted in October.
Justice Zisengwe upheld the objection, ruling that the delay was fatal to the application.
"Where a provision is couched in peremptory terms - usually by the use of the word 'shall' - and sets out the consequences of noncompliance, such noncompliance is fatal," ruled Justice Zisengwe.
"In the present matter, the consequences of noncompliance are spelt out in sub-rule 15, namely that the application shall be deemed abandoned. The application is hereby struck off the roll with costs."
The ruling means the five students' suspensions remain in force.
The case has sparked renewed debate over academic freedom and student activism in Zimbabwe's higher education institutions, with ZINASU accusing university authorities of political persecution under the guise of enforcing disciplinary codes.
The appeal by Fanuel Gona, Nester Moyo, Tanaka Sibanda, Keegan Mathe, and Takunda Mhuka was dismissed by Justice Sunsley Zisengwe for late submission of key documents.
The students were suspended on February 25, 2025, after an MSU disciplinary hearing found them guilty of conducting an unsanctioned recruitment drive for ZINASU on campus. Mhuka was subsequently expelled.
Dozens of students who gathered outside the court in solidarity with the five were at one point dispersed by riot police, in a tense standoff that underscored the growing friction between student activists and university authorities.
MSU was represented by Manners Jaravaza of Dzimba, Jaravaza and Associates, while the students were represented by Brian Dube of Gundu, Dube and Pamacheche Legal Practitioners.
Jaravaza argued that the students' application was incompetent due to procedural non-compliance. He told the court that Dube had failed to serve a certificate of service within the required five-day period as stipulated under the High Court Rules.
Court records show that while the application for review was filed on May 20, 2025, the certificate of service was only submitted in October.
Justice Zisengwe upheld the objection, ruling that the delay was fatal to the application.
"Where a provision is couched in peremptory terms - usually by the use of the word 'shall' - and sets out the consequences of noncompliance, such noncompliance is fatal," ruled Justice Zisengwe.
"In the present matter, the consequences of noncompliance are spelt out in sub-rule 15, namely that the application shall be deemed abandoned. The application is hereby struck off the roll with costs."
The ruling means the five students' suspensions remain in force.
The case has sparked renewed debate over academic freedom and student activism in Zimbabwe's higher education institutions, with ZINASU accusing university authorities of political persecution under the guise of enforcing disciplinary codes.
Source - Mirror
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