The Sunday News
Tinomuda Chakanyuka Sunday News Reporter
A HARARE magistrate has thrown out an appeal by ousted president of the Zimbabwe Schools Development Association and Committees (ZSDA/C) Mr Claudious Mutasa who was challenging his recent removal from office following a vote of no confidence by the association members.The magistrate, Mr Tatenda Manhanzva dismissed the appeal by Mr Mutasa who was booted out of office by ZSDA/C members during an extraordinary general council meeting held in Gweru earlier this year.
His ouster from office paved way for a new interim executive led by Mr Xolisani Dlamini as interim president while Mr Ray Muzenda and Mr Arvian Mathe were elected deputy president and secretary general respectively.
Mr Mutasa through his lawyer Mr Tarisayi Mutangi, of Donsa-Nkomo and Mutangi Legal Practitioners last week approached the courts seeking an interim interdict to nullify the vote of no confidence passed on him by the association.
However, the magistrate found no merit in his application and dismissed it.
“Whereupon after reading documents filed of record and hearing counsel, it hereby ordered that interim interdict is dismissed. There shall be no order as to costs,” reads the judgment passed by Mr Manhanzva which the Sunday News is in possession of.
The new ZSDA/C executive led by Mr Dlamini was being represented by Mr Takesure Thondhlanga of Thondhlanga and Associates Legal Practitioners. Mr Thondhlanga has since written to the association’s stakeholders to recognise Dlamini’s executive as the bona fide executive which will carry out the association’s business until 3 May when a new executive will be elected at a congress in Gweru.
“Please be advised that the application for an interdict was dismissed. May you therefore allow our clients to transact on their account,” reads one of the letters addressed to Agribank, the association’s bank.
ZSDA/C interim president Mr Dlamini said the dismissal of Mutasa’s application for an interdict had brought the wrangle to an end allowing the association to carry out its business without disturbances.
“I’m glad the matter ended in this manner. This will now allow us to carry on with our work without disturbances. Our stakeholders have since been informed of the latest developments and I’m optimistic of a good working relationship with them now and in future,” he said.
He added that the new executive had already called for a congress on 3 May during which the association was expected elect a substantive executive.
Mr Mutasa could not be reached for comment. His phone went on ringing without being responded to.
Prior to his foiled court appeal, Mutasa had refused to leave office vowing that he would have to die first before anyone could replace him at the helm of the organisation.
Mr Mutasa argued that the extraordinary general council meeting during which he was ousted was illegal as Mr Dlamini and company had no constitutional mandate to call for an extraordinary meeting.
“There is no NEC meeting that is called by a trade union. ZSDA/C is a trade union and yet they argue that they voted me out of office during an extraordinary general council meeting. That is wrong. Only NEC has the mandate to call for such a meeting. So, on that basis the outcome of their meeting is null and void.
“Secondly, I’m the founding president of this organisation. I worked for seven years to establish this with my own resources. No one can just come and claim to be president, unless and until I’m dead. I will have to die first for someone to take over,” vowed Mr Mutasa.
The vote of no confidence that was passed on him also claimed the scalps of ZSDA/C’s secretary general Everisto Jongwe and Raston John Chinyamunyamu who was the chairperson of the National Employment Council for ZSDA/C.
ZSDA/C is the labour union for Schools Development Associations (SDAs) of Government schools across the country.
