“The First Respondent’s appointment of Chinamasa as Director and Chairman of Air Zimbabwe, a company whose control and management was divested from its directors and shareholders and vested in an Administrator appointed by the Minister of Justice pursuant to the operation of the Reconstruction of State-Indebted Insolvent Act 2005, constitutes conduct that is inconsistent with the Constitution as follows:
“By engaging in a self-help scheme, interposing himself as a shareholder of Air Zimbabwe, the First Respondent failed to fulfil his obligations in terms of s90 ( I ) and s90(2)(c) by clothing himself with right to amend the Reconstruction Act that specifically vests the control and direction of the company under the Administrator.”
“By knowingly and intentionally appointing Chinamasa to be a Chairman of Air Zimbabwe, a juristic entity in its own right, the First Respondent had no title to do and usurped the power and authority of shareholders of the company, to the extent that the then Companies Act could operate concurrently with the Reconstruction of State-indebted Insolvent Companies Act.”