EXILED Zimbabwean businessman Mutumwa Mawere has approached the South African courts seeking to bar President Cyril Ramaphosa from contesting in the upcoming general elections until he deals with the issue of Zimbabwe’s Reconstruction of State-Indebted Insolvent Companies Act.
Under the Act, the businessman lost his Shabanie Mashava mines (SMM) Holdings which was the biggest asbestos making conglomerate in the country.
Enactment of the law followed a commercial dispute which spilled into South African courts after SMM failed to pay Petter Trading (Pvt) Limited, a company based in the neighbouring country, its dues for goods supplied, having been blocked by the Reserve Bank of Zimbabwe, according to court papers.
The proponent of the Reconstruction State-Indebted Insolvent Companies Act was then Justice, Legal and Parliamentary Affairs minister Patrick Chinamasa.
The Johannesburg Court ruled in favour of Petter Trading, prompting the Zimbabwean government to enact the Reconstruction State-Indebted Insolvent Companies Act.
According to Mawere’s legal team, the unilateral action, conducted without judicial oversight, raises profound questions about constitutional supremacy, Executive overreach, and the integrity of the Judiciary.
“The applicant seeks to preserve the integrity of legal proceedings in relation to all judgments sought and granted by this court... involving a reconstruction decree that was promulgated in Zimbabwe using State of emergency law making powers,” Mawere said in his application.
The urgency of Mawere's application is underscored by the ab initio doctrine, a legal principle asserting that if Ramaphosa's conduct is deemed invalid from its inception, his participation in the 2024 general elections would be unlawful.
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In his affidavit, Mawere said failure to address these issues could compromise the integrity of the electoral process and undermine the rule of law.
He is seeking an interdict restraining Ramaphosa from participating in the 2024 general elections until the case is concluded, along with further relief deemed fit by the court.
“Emphasis is placed on the urgency of this application due to the ab initio doctrine... If the respondent’s conduct is found to be invalid from the outset, his participation in the 2024 general elections would be unlawful,” he said.
“The conduct of the courts in recognising and enforcing the rights and claims founded on President Mnangagwa’s draconian and repugnant reconstruction legislative framework raises fundamental public policy, international law, ethical, jurisdictional, criminal, corruption and constitutional concerns.”
