Mawere loses case in Supreme Court
By Lance Guma
03 February 2011
The Supreme Court on Tuesday dismissed an application by businessman Mutumwa
Mawere, challenging the takeover of his business empire in 2004 using the
Reconstruction of State-Indebted Insolvent Companies Act.
Mawere’s Shabanie Mashaba Mines, amongst a host of other companies, was
controversially seized using claims that he had externalized huge sums of
foreign currency and was heavily indebted to the state.
In the judgment issued by Chief Justice Godfrey Chidyausiku and supported by
Justices Misheck Cheda, Luke Malaba and Paddington Garwe, the court said
Mawere’s challenge had no ‘merit’. They said it was ‘nonsensical for the
businessman to allege that all sections of the act violated the
constitution.
While all four judges are known sympathizers of Mugabe’s regime, having
receiving farms and other bribes in the past, Justice Wilson Sandura, who
still commands respect on the bench, was still to present his opinion. It’s
not known which way his judgment will go, but past history suggests he might
disagree.
Meanwhile Mawere, who has been fighting to get his empire back for 6 years,
said the Supreme Court judgment has now opened the door for government to
take over any company. “It means that any company that the government may
wish to take over is vulnerable as the courts will not come to its
assistance,” he said.