By Sports Reporter
THE suspended Tavengwa Mukuhlani-led Zimbabwe Cricket Board suffered another blow after the High Court dismissed, with costs, its urgent chamber application seeking to overturn the decision of the Sports and Recreation Commission (SRC).
ZC’s ousted board had sought reprieve at the higher court following its suspension for going against the SRC’s directive to suspend their elective Annual General Meeting on June 14, pending investigations on alleged electoral irregularities in the lead up to the polls and allegations of misappropriation of funds.
The SRC replaced the Mukuhlani led board with an interim one over a week ago but the suspended board members together with ZC’s acting managing director Givemore Makoni filed a High Court application seeking to have their suspension lifted until their appeal was heard by the Administrative Court.
On Friday, the SRC revealed that they had won the High Court case after Justice Joseph Musakwa dismissed the application.
In the High Court case, Fadzai Mahere represented the applicants while Thabani Mpofu represented the respondents who included the SRC.
“On June 28 2019 Honourable Justice Musakwa of the High Court of Zimbabwe heard arguments in respect of an urgent chamber application brought by suspended Zimbabwe Cricket Board members, Tavengwa Mukuhlani and other directors, including suspended acting chief executive officer, Givemore Makoni,” SRC said.
“The suspended persons had sought an order, inter alia, from the High Court that: (1) The honourable court hereby suspends the operation of the SRC’s directive dated 19th June 2019 suspending Tavengwa Mukuhlani, Givemore Makoni and others from the Zimbabwe cricket Board. (2) That the David Ellman-Brown interim-committee appointed by the SRC is interdicted from conducting any of the affairs of Zimbabwe Cricket or otherwise holding out as Zimbabwe Cricket Board. (3) That Tavengwa Mukuhlani, Givemore Makoni and other suspended directors are entitled to operate as Zimbabwe Cricket’s board.”
The SRC added: “The Sports and Recreation Commission wishes to advise that on July 4 2019 Honourable Justice Musakwa of the High Court dismissed with costs the urgent application brought by the suspended directors. One of the reasons for the dismissal of the application was that there had been material non-disclosure by Tavengwa Mukuhlani and other suspended Zimbabwe Cricket directors, in their court papers.”
Musakwa noted that while the applicants had argued that they had not been heard, acting general manager, Makoni, had written to the SRC explaining why they had gone ahead with their elective AGM in a letter dated June 17.
“…it cannot be said by any stretch of imagination that the applicant’s right to be heard was violated. It is disclosure of these communications that the applicants have suppressed in the present application. They have clearly not been candid with the court on this aspect and this should non-suit them.”
The High Court decision comes at a time the world cricket governing body, ICC is scheduled to discuss the recent developments at ZC during its board meeting in London on July 15.
The ICC will now determine if action by the SRC doesn’t constitute Government interference in ZC affairs.
If deemed Government interference, Zimbabwe’s ICC membership could be suspended.