By Mary Taruvinga
THE Zimbabwe National Students’ Union (Zinasu) has dragged Rodrick Fayayo and Mfundo Mlilo to court on allegations of unlawfully holding the union’s congress.
Through their outgoing president, Archibald Elliot Madida, the union is seeking nullification of the congress.
Madida has filed an urgent chamber application at the High Court insisting he is still the leader of the militant students’ representative group.
He asked the court to entertain Zinasu application urgently considering that a new executive was elected at a congress convened by the two respondents.
Fayayo is the director of the Bulawayo Progressive Residents Association while Mlilo is the executive director of the Combined Harare Residents Association (CHRA).
Madida is also seeking to reconvene the congress and hold fresh elections.
He said on December 7 this year, the respondents convened a congress without legal capacity to do so.
Madida said he had adjourned congress for four weeks to comply with the quorum requirement as provided for by the union’s constitution. He also said others from member institutions were still writing their examinations.
“Their actions illegally enabled some other members to be purportedly elected at the said congress which was unconstitutional,” he said.
Madida said the elected members now seek to act on behalf of Zinasu which is unlawful.
He was elected at a congress in December 2017 together with eight other executive members.
The student rights activist said the congress was convened but due to the examination schedules of member institutions, the congress failed to reach a quorum.
He said 20 institutions attended out of 54, thus failing to satisfy the required constitutional quorum.
“The quorum of the congress and general council shall be two thirds majority of the representatives of all affiliate and member institutions of Zinasu. The quorum shall not be constituted by less than two thirds of the registered SRCs at which at least five provinces are present or as agreed by the general council,” he said.
“Indeed from the brief narration that I have made above, it is apparent that only urgent intervention by this honourable court will stop this wanton violation and total abrogation of the applicant’s constitution,” said Madida.