Mutasa bids to bar Zhuwawo, sues Makamba

Telecel Zimbabwe co-director and shareholder Jane Mutasa has filed an urgent chamber application at the High Court seeking to bar an extraordinary general meeting which is set to elevate President Robert Mugabe’s nephew, Patrick Zhuwawo, to the post of chief executive officer (CEO) of the mobile cellular network firm.

By Charles Laiton

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In the same application, Mutasa, through her lawyer Charles Chinyama, is also seeking to bar her business partner James Makamba from selling 40% of the mobile network provider’s shares without her approval.

The matter is set to be heard before High Court judge Justice David Mangota tomorrow.

In her founding affidavit over the Zhuwawo case, Mutasa said: “The first applicant (Mutasa) will state that at no stage was the first respondent (Zhuwawo) appointed to the position of CEO, let alone the managing director to the sixth respondent (Empowerment Corporation) wherein a resolution was passed to the effect that the first respondent was appointed the CEO or managing director, the purported actions of the first respondent, if any, are not authorised and remain unlawful.”

She added: “For all intents and purposes the purported extraordinary general meeting pencilled for the 20th of February 2015 has been called by outsiders who have nothing to do with the shares held by the 6th respondent in Telecel Zimbabwe (Private) Limited on behalf of fully paid subscribers to the sixth respondent.

“The first to fourth applicants stand to lose all their lifetime investments they have made in Telecel Zimbabwe through the sixth respondent as their investment vehicle which has an ever increasing value well in excess of $200 000 000 and is sought to be donated or to be given away for as little as $20 000 000.”

Mutasa is also seeking an interdict against Carlton Consultants Private Ltd, Makamba, Kestrel Corporation and Zimbabwe Miners’ Association, Empowerment Corporation, Brainworks Capital Management Private Ltd and George Manyere, who have been cited as respondents to stop them from disposing 40% of Telecel Zimbabwe shares.

Mutasa together with Indigenous Business Women’s Organisation, Selpon Investments and Magamba eChimurenga, who are all applicants in the matter, have argued that disposing of the 40% shares without their knowledge remains illegal and the court must stop the transaction.

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