Mutumwa Mawere, an exiled Zimbabwean businessman, has approached the Constitutional Court to block President Emmerson Mnangagwa from contesting in the August 23 polls.
Mawere argued that allowing Mnangagwa to run for the presidency would condone violations of the Reconstruction of State Indebted Insolvent Companies Act, which occurred during his tenure.
Mawere used to preside over the Shabanie Mashava Mines (SMM) Holdings, which were seized by the Zimbabwean government in 2004 through the Reconstruction of State-Indebted Insolvent Companies Act. Mawere cited Mnangagwa’s involvement in the seizure of the company after a fallout with him, alleging that Mnangagwa had assisted him in acquiring the company but later sided with his political rival, former Vice President Joyce Mujuru.
Mawere argued in his court application that Mnangagwa should be “interdicted and restrained from participating in the 2023 elections.” He also referred to the government-run airline, Air Zimbabwe, and Hwange Colliery Company Limited as cases where violations of the law had taken place while the firms were under reconstruction. He said:
Court to declare that Mnangagwa’s conduct in relation to the affairs of Air Zimbabwe Private Limited and Hwange Colliery Company through his direct and personal actions including appointing (Patrick) Chinamasa as chairman of Air Zimbabwe under reconstruction, which conduct was ultra vires the Reconstruction of State-indebted Insolvent Companies Act.
Mawere argued that the Reconstruction Act prevented the application of the provisions of the Companies Act in relation to a company whose management was divested.
Zimbabwe is set to hold harmonised elections on August 23, 2023, and Mnangagwa is one of the presidential candidates.