The appeal was
thrown out by Justice Sunsley Zisengwe for late submission of papers.
Fanuel Gona,
Nester Moyo, Tanaka Sibanda, Keegan Mathe and Takunda Mhuka were suspended on
February 25, 2025, after an MSU disciplinary hearing found them guilty of
conducting an unsanctioned recruitment drive of ZINASU members on campus.
Mhuka was
expelled.
Students who
came out in solidarity with the five were at one point driven away by riot
Police as they stood outside the High Court.
MSU was
represented by Manners Jaravaza of Dzimba, Jaravaza and Associates and the
students had Brian Dube of Gundu, Dube and Pamacheche Legal Practitioners.
Jaravaza argued
that there was no application before the court for want of compliance. Jaravaza
said Dube made a fatal mistake by failing to serve respondents a certificate of
service within five days as stipulated in the High Court rules.
Dube served MSU
his application for review on May 20, 2025, and only served the certificate of
service in October.
“…Where the
provision is couched in peremptory terms, usually by the use of the word shall
and proceeds to set out the consequences of such noncompliance then
noncompliance is fatal. Where, however the provision doesn’t set out the
consequences of noncompliance, it has to be assumed that the legislature has
left it open to the court to determine what the consequences should be.
“In the present
matter, the consequences on noncompliance are spelt out in sub rule 15 namely
that the application shall be deemed abandoned…The application is hereby struck
off the roll with costs,” said Justice Zisengwe in his judgment. Masvingo Mirror
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