HIGH Court Judge Justice Clement Phiri has dismissed an application the Christopher Mutsvangwa led war veterans association on the basis that the matter was not urgent and that they had failed to use other remedies available to them.
Mutsvangwa and other his executive members of the Zimbabwe National Liberation War Veterans’ Association (ZNLWA) had approached the high seeking to bar another group of war veterans led by Manicaland Provincial Affairs Minister Mandiitawepi Chimene from making “unlawful” public statements on behalf of the war veterans association.
However Justice Phiri ruled that Mutsvangwa and his colleagues should have taken steps over the past two years to address their leadership issues. “There is material dispute of facts in this matter which can be resolved by way of an ordinary application to this court.
Requirements of urgency have not been met and therefore the case is struck of the roll,” ruled Justice Phiri. Jusitice Phiri took judicial notice of the existence of a provisional order that was awarded in favour of the Mutsvangwa led executive in February 2016 by Justice Happias Zhou.
Justice Zhou interdicted Chimene from issuing press statements on behalf of the association and its leadership. “There are existing remedies to the issues that the applicant is seeking.
They should have sought to make the provisional order binding in terms of seeking a declaratory order. Applicants have not exhausted domestic remedies available them,” ruled Justice Phiri.
The Mutsvangwa-led executive was represented by Rungano Mahuni of Mahuni Gidiri Law Chambers while Tichaona Govere of Govere Law Chambers represented Chimene and his group.
A group of war veterans from the Mutsvangwa side briefly demonstrated outside the court in support of their leadership before dispersing.