Top lawyers red-flag Mnangagwa’s appointment of Chinamasa to Air Zim board
Harare lawyer Obey Shava said President Emmerson Mnangagwa made a blunder in appointing the former Finance Minister to the Air Zimbabwe board because the parastatal currently under administration is legally a non-existent entity.
Posting on Twitter yesterday, Shava said Air Zimbabwe does not have a board with its powers having been suspended through the appointment of Francis Saruchera of Grant Thornton Zimbabwe as the administrator in October 2018.
“The appointment of Chinamasa as Air Zimbabwe board chair is a legal boob. Currently, there’s no board running the affairs of Air Zimbabwe, its powers having been suspended through the appointment of Saruchera as it’s administrator. You can’t chair a “non existent” entity,” said Shava.
Another top lawyer Alex Magaisa expressed the same sentiments, saying the board ceased to have power or any legal existence in October last year.
Said Magaisa: “In October 2018, Government issued General Notice 758/2018 under which Air Zimbabwe was placed under administration. Control of the company was given to the Administrator, Reggie Saruchera. The board ceased to have power. But Patrick Chinamasa has been made Chairman of the board.
“There has been no indication prior to the announcement of Chinamasa as board chairman that Air Zimbabwe is no longer you see administration or that the primary law which vests all powers over the company in the Administrator has been amended to accommodate a board.
“All this suggests that the so-called appointment of Chinamasa as board chairman of Air Zimbabwe is on dubious and shaky legal grounds. Why, in any event, from a corporate governance perspective, would government create competing authorities – a board and an Administrator?”
Magaisa wondered how this legal black-hole could have escaped the 24 Advisors surrounding President Mnangagwa.
“It’s an odd circumstance given the army of advisors that the President has at his disposal including the Attorney General. Either Air Zimbabwe is under administration and therefore under the charge of an Administrator or it isn’t and is instead, directed by a board,” said Magaisa.
Meanwhile, Chinamasa’s appointment to chair the ailing parastatal has been seen as a return of the ‘jobs for boys’ system popular in the Zanu PF administration with another former cabinet minister Michael Madanha appointed to chair the ZINARA board among others.