Mr Mutumwa Mawere, Chairman of Africa Resources Limited (ARL), a company that is the ultimate beneficial shareholder of SMM Holdings Private Limited (SMM), a company that was placed under reconstruction by former Minister of Justice Hon Chinamasa, in terms of a decree promulgated by former President Mugabe, said that the Attorney General, Mr Prince Machaya must go.
Mr Mawere’s reason for calling for Mr Machaya to vacate office is based on Mr Machaya’s bold contention that the Reconstruction act is legal and constitutional in terms of an affidavit dated 15 January 2017 that:
- The interpretation of the Act by the Applicant, Friends of SMM (FOSMM) is misguided.
- The primary objective of the Reconstruction Act was to secure the national interest in the affairs of SMM by insuring its survival and the preservation of its assets.
- The effect of Reconstruction Act is akin to the concept of Judiciary management as it is intended to preserve value for the various stakeholders of the state indebted company.
- The Act was not motivated by ulterior motives.
” When SMM was placed under reconstruction, the order was issued by Hon Chinamasa that divested ARL of its right to protect its directors in SMM. This was done without notifying ARL of the Minister’s intention to divest it of its right in relation to SMM. How can any rational person, conclude that such an Act by the Minister could possibly be legal and constitutional. It is shocking that the AG could also deny that the Act was motivated by ulterior motive when the Minister has no Judicial power or authority to issue any order that has the same properties as a judicial order,” said Mr Mawere.
The audio below further amplifies why Mr Mawere believes that its in the public interest for Mr Machaya to be released of his duties for failing to comply with the obligations imposed upon him in terms of the constitution. He also makes a call to action before it becomes a habit to expropriate assets under the guise of Reconstruction without the knowledge and consent of the affected parties.
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Posted by MC Wildfire on Wednesday, 21 November 2018