Confusion is reigning supreme in legal circles following
the alleged irregular appointment of former Finance minister Patrick Chinamasa
as board chairperson of struggling Air Zimbabwe by President Emmerson Mnangagwa
at a time the entity is still under reconstruction.
Transport minister Joel Biggie Matiza confirmed that the
State airline was still under reconstruction by Reggie Saruchera,adding that
the appointment of Chinamasa was “just in preparation for the board’s eventual
take over’.
“Yes, the company is still under reconstruction, but we
cannot wait for the process to complete so that we start looking for board
members. We are looking for suitable people to steer the company forward after
the reconstruction process,” Matiza said.
He said other board members were yet to be appointed.
Attorney-General, Prince Machaya, was of the opinion that
it was not illegal to have a board while the company was still under
reconstruction.
“I don’t think it is illegal to have a board when the
company is under reconstruction. Anyway, talk to the Minister of Justice. He is
the one in charge of that process,” said Machaya.
According to a statement by the Chief Secretary to the
Office of the President and Cabinet, Misheck Sibanda, Mnangagwa appointed
Chinamasa to chair the board with immediate effect, putting in doubt Matiza’s
claims that the job was in preparation for the future.
“Cde Patrick Chinamasa, who is the Zanu PF secretary for
finance, has served the Government of Zimbabwe in several portfolios, including
that of Minister of Finance and Economic Development. His appointment is with
immediate effect,” Sibanda said in a statement.
Ironically, on Monday, Saruchera appeared before the
Parliamentary Portfolio Committee on Transport and Infrastructure where he
indicated that the assumption of the national airline’s US$387 million debt
would pace up the company’s reconstruction process.
The reconstruction plan is expected to see the national
airliner operate at least four planes, servicing the domestic and regional
markets.
Saruchera said Air Zimbabwe had been running inefficiently,
with large aircraft servicing short haul routes.
According to Kent University law lecturer, Alex Magaisa,
once a company has been placed under reconstruction, the powers of the board
are suspended as an administrator is appointed through the judicial process.
Management for Air Zimbabwe (Pvt) Ltd and Air Zimbabwe
holdings (Pvt) Ltd, according to the notice to place the company under
administration, was to be answerable to Grant Thornton Chartered Accountants,
who in turn report to the permanent secretary.
Questions have been asked as to why the announcement was
made first at a Zanu PF politburo Press conference when the appointment was
supposed to come from government. The Statement by Chief Secretary to the
President and Cabinet only came hours after the Zanu PF spokesperson, Simon
Khaya Moyo, had already announced Chinamasa’s appointment.
In October last year, Justice minister, Ziyambi Ziyambi
placed troubled Hwange Colliery Company under the administration of Bekithemba
Moyo, a co-founder and director of DBF Capital partners, effectively ending the
tenure of the Juliana Muskwe-led board. Newsday
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