Former secretary for education, sport, arts and culture, Dr Stephen Mahere’s appointment as a Christ Ministries Church of Zimbabwe trustee has been challenged.
Dr Mahere, Dr Godfrey Kanyenze and Elvis Chikiwa were
appointed to the board of ‘trustees of the time being of Christ Ministries
Church of Zimbabwe’ in 2016.
The Trust, founded by the Makoni family, runs diverse
activities including day to day church business, school, social welfare and
medical services.
Two of the founding trustees Collin and Eustace Makoni have
approached the court seeking to nullify Dr Mahere, Dr Kanyenze and Chikiwa’s appointments
claiming they were done without their consent.
Other members who form the board of trustees include
Cuthbert Makoni, Leddie Makoni, Auxilia Makoni, Julien Makoni, Blessing Makoni
and Innocent Makoni who have also been cited as respondents.
In the summons filed at court, the two claim, Dr Mahere, Dr
Kanyenze and Chikiwa’s appointments and any role they have so far played was
illegal.
“In 2016 other Trustees namely Dr Stephen Mahere, Dr
Godfrey Kanyenze and Mr Elvis Chikiwa were co-opted by way of an amended
Notarial Deed of Trust.
“In terms of Clause 5(c), the Trustees were allowed to
co-opt such other persons or persons as they may deem necessary to the Board of
Trustees for a specified period from time to time.
“In terms of Clause 15 of e original Notarial Deed of
Trust, such decisions could only be endorsed by way of the unanimous resolution
of all the Trustees.
“This is an action which seeks to set aside the
unprocedural co-opting and appointment of three trustees being Dr Stephen
Mahere, Dr Godfrey Kanyenze and Elvis Chikiwa, on the basis that these
appointments are null and void and in violation of the enabling provisions of
the Trust Deed,” reads the summons.
The duo claim the appointments were not done with their
consent.
“On the 3rd November 2016, the parties had their first
Trustees meeting in terms of the amended Trust Deed but the meeting reached a
stalemate in regards to the issue of co-opted trustees as the majority of the
trustees wanted all governing systems like constitutions of the Church, school
and orphanage to be put in place first to promote transparency, good governance
and accountability,” reads the papers.
The co-trustees also claim the new appointees made
decisions without the board’s input.
“Several decisions like registration of the orphanage with
the Ministry of Social Welfare, awarding of contracts to companies and holding
of illegal meetings proceeded together with appointment of office bearers
without the endorsement of the trustees, notwithstanding the patent illegality
of these actions,” reads the papers.
Now, the two are seeking a declaratory order that nullifies
the 2016 appointments whilst all decisions, resolutions and meetings conducted
by the board in the presence of Dr Mahere, Dr Kanyenze and Chikiwa also be
nullified.
They are also calling for a properly constituted meeting
where all trustees will attend and deal with the issues concerning the board of
trustees and activities of the trust with seven days of the order.
Dr Mahere, Dr Kanyenze and Chikiwa are yet to respond. H
Metro
0 comments:
Post a Comment