Legal experts have opined that the appointment of former Finance Minister, Patrick Chinamasa, as chairman of the Air Zimbabwe board is illegal.
Chinamasa, who has been nicknamed “Mr Bin Man” in comic circles for officially opening a bin in Rusape ahead of the 2018 elections, which he lost, has been out of government since last year.
Constitutional law expert and Kent University lecturer, Alex Magaisa said that you cannot have a board for a company which is under administration. He said:
In October 2018, the 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.
There has been no indication prior to the announcement of Chinamasa as board chairman that Air Zimbabwe is no longer under 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 the government create competing authorities – a board and an administrator?
A Harare based lawyer, Obey Shava, concurred with Magaisa. He said:
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 its administrator. You can’t chair a ‘non-existent’ entity.