Lovemore Chazingwa in KADOMA.
THE battle for control of Kadoma Show Society is still raging on with a High Court order endorsing a Partson Madera-led executive committee to take over the reins after an appeal contesting the legitimacy of an interim committee running the affairs of the society was granted.
The leadership wrangle emanates from a dispute over the expiry of the term of office of the interim committee while the latter holds that it still has a clear right.
In a determination of the issue in dispute, High Court Judges Justices Tsanga and Chirawu-Mugomba noted: “The appellant’s argument that they, respondents, had no clear right as their mandate had expired is supported on record in the form of minutes of a meeting held on April 22, 2016. The agenda of that meeting was very clearly the election of a new interim committee.
“The constitution which they put forward was said to be fraudulent and irregular. Under those circumstances, there is no way that the magistrate could have reached the conclusion that they had shown that they have a clear right. They simply did not,” the determination, HH 640-20 dated October 15, 2020, reads in part.
The superior Court dismismissed the application is dismissed with costs.
The ruling comes after a protracted battle to run the affairs of the community organisation between two camps, one led by Tobias Chodeva and the other headed by Madera.
The Chodeva led executive was elected into office on an interim basis on April 22, 2016.
The ruling noted that the Constitution of the Society does not have a provision for an interim committee, consolidating the non-legitimacy of the interim committee in the first place.
The ruling asserted that the interim committee which had a one-year mandate had to vacate office and make way for the one elected on August 21, 2019.
The appellants were opposing a lower court ruling which reasoned that the meeting to usher in a new executive was not called by the executive committee (interim) and that concerned members were not voted to the meeting.
Chodeva said they had since appealed against the decision.