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TMCNet:  Jane Mutasa's Case Thrown Out

[July 07, 2014]

Jane Mutasa's Case Thrown Out

(AllAfrica Via Acquire Media NewsEdge) Former Telecel Zimbabwe board chairperson, Jane Mutasa, last Wednesday had her application challenging Telecel International over her suspension as chairperson and director of the mobile phone operator thrown out by the High Court.


Mutasa wanted the court to nullify a meeting held by Telecel Zimbabwe directors on March 19 2010 in London, which resolved to suspend her and withdraw her benefits, arguing that the resolution was unlawful as the meeting did not have a quorum.

She also wanted all orders given to Telecel Zimbabwe and Empowerment Corporation (Pvt) Ltd on the same date nullified.

But Justice Nicholas Mathonsi threw out the application, saying it was brought to a wrong court.

"The applicant had no business bringing this matter to this court," said Justice Mathonsi.

He said Mutasa failed to advance a meaningful argument to justify the route she took, which was contrary to covenants governing the relationship between the parties.

"Having taken a wrong turn, the applicant must face the consequences of her actions," said Justice Mathonsi.

"Accordingly, the application is dismissed with costs." At the meeting of the board of directors in London, a resolution was adopted suspending Mutasa from the position of chairperson and director.

It was also agreed that her benefits be withdrawn.

Telecel International has a 60 percent stake in the country's second largest mobile services provide, while Empowerment Corporation chairs the board.

Mutasa was suspended as chairperson following her arrest on allegations she was involved in a US$1,7 million fraud.

The Prosecutor-General's Office declined to prosecute Mutasa, arguing that there was no substantial evidence incriminating her.

But the Supreme Court earlier this year ruled that the Prosecutor-General's Office should issue a certificate for the private prosecution of Mutasa.

The PG's office is now challenging the Supreme Court ruling at Constitutional Court, saying the superior court should not be allowed to interfere in its (PG's) constitutional mandate by compelling it to issue a certificate for the private prosecution of Mutasa.

Initially, Mr James Makamba, a shareholder in Empowerment Corporation, chaired the board.

His right, however, fell away after he was arrested and remanded in custody for a long period, prompting the board to appoint Mutasa in an acting capacity.

Mutasa became substantive board chairperson when Mr Makamba skipped the country.

Mr Chris Venturas of Venturas and Samukange law firm appeared for Mutasa, while Advocates Isaiah Mureriwa and Richard Fitches acted for Telecel Zimbabwe.

Copyright The Herald. Distributed by AllAfrica Global Media (allAfrica.com).

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