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Journalists drag union to court
MISA-Zimbabwe
December 17, 2009

Four freelance journalists on 17 December 2009 filed an application with the High Court in Harare seeking a nullification of the election of the new Zimbabwe Union of Journalists (ZUJ) executive.

The applicants are citing irregularities in the manner that the elective Congress was convened and conducted.

The applicants are Godwin Mangudya, Frank Chikowore, Conrad Mwanawashe and Guthrie Munyuki. ZUJ and its in-coming executive comprising Dumisani Sibanda, foster Dongozi, Mercy Pote, Michael Padera Chideme, Evince Mugumbate as well as Jeniffer Dube, Valentine Maponga, Godfrey Mutimba, Grail Kupakuwana are the respondents in the matter.

The allegations are that the notification to the Congress simply indicated that it would take place on 3-5 December 2009 in Bulawayo without specifying the precise venue for the event. The applicants argue that the arrangements for the Congress were made by the executive instead of the National Council as stipulated by article 8(b) of the ZUJ Constitution.

Mangudya further alleges that he was deliberately misinformed by the ZUJ secretariat concerning the venue of the congress, which was held at Entabeni Lodge in How Mine and not at Madlala Lodge as had been previously advised. Despite the commitment by ZUJ to furnish him with the list of invited delegates for the congress, this was not done.

He also notes that having been advised that the polling date would be 5 December, the polls were instead held on 4 December contrary to the notification. and he therefore seeks that the court look into the circumstances under which the meeting and subsequent polls were held.

Says Mangudya: "Voting was in fact not held on the 5th. It follows therefore that the voting indicated in the notice has not yet taken place . . . there are members who are still waiting to vote on the 5th of December at Madlala lodge."

The applicants are seeking for an order for a reconvening of the congress within 30 days of the granting of the order sought, inside which period a new date for the elections must be set. In seeking nullification of the congress, the applicants are arguing that:

• The process is invalid in so far as it is based on an invalid notice
• Both the contestants and the members who were supposed to vote for them did were not aware of the venue of the polls.
• Process is void on the ground that it did not comply with the notice-period as prescribed by the notice.
• People who had nothing to with the congress were in attendance.
• The process was based outside the provisions of the ZUJ constitution.

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