By Victor Fanuel
HARARE — The High Court has overturned the Ministry of Justice, Legal and Parliamentary Affairs’ decision to remove three Zimbabwe Music Rights Association (ZIMURA) directors, declaring their termination unlawful, unfair and unreasonable in a major victory for the Alexio Gwenzi-led board.
In a consent order granted on November 3, Justice Pisirayi Kwenda ruled that the minister’s decision to terminate the appointments of board chairperson Alexio Gwenzi, vice-chairperson First Farai Batani and treasurer Evelyn Natsai Moyo breached Section 3 of the Administrative Justice Act (Chapter 10:28).
“The 1st Respondent’s termination of 1st, 2nd and 3rd Applicants’ appointments as board members of the 4th Respondent, was unlawful, unfair, unreasonable and unreasonable and thus a breach of Section 3 of the Administrative Justice Act (Chapter 10:28),” reads the order.
“Consequently, the decision to terminate 1st, 2nd and 3rd Applicants’ appointments as board members of the 4th Respondent 1st and 2nd Respondents be and is hereby set aside.
“Each party shall bear own costs,” ruled Kwenda
Justice minister Ziyambi Ziyambi was cited as the first respondent in the proceedings, alongside the Office for the Registration of Companies and Other Business Entities as the second respondent, the Chief Registrar of Companies and Other Business Entities as the third respondent, and ZIMURA as the fourth respondent.
The association was in default when the matter was heard.
ZIMURA subsequently welcomed the outcome in a November 6 statement, declaring the legal proceedings concerning the constitution of its board concluded and reaffirming the three directors as its legitimate governing leadership.
Justice Kwenda’s ruling reverses the ministerial decision of March 26, 2026, which dissolved the entire ZIMURA board amid allegations of governance failures, financial opacity and questions surrounding the legitimacy of its leadership.
The dispute had its roots in a bitter internal power struggle that erupted in January, following the election of Gwenzi as board chairperson on January 19.
Divisions deepened when Gwenzi’s board removed three directors, Dereck Mpofu, Joseph Garakara and Gift Amuli, accusing them of serious breaches of fiduciary duties and conduct prejudicial to the association.
The trio challenged their removal, demanding an extraordinary general meeting and a forensic audit while raising concerns about the proposed disposal of ZIMURA property and the management of musicians’ royalties.
Their complaints brought longstanding tensions over financial accountability, royalty distribution and the administration of the collective management organisation into the public domain.
Gwenzi’s camp, however, disputed the allegations and maintained that the disciplinary action against the three directors was undertaken in accordance with the association’s governance procedures.
Government intervened on March 26, terminating the appointments of all board members and directing them to surrender organisational documents and property to an interim administrator.
The decision prompted Gwenzi, Batani and Moyo to approach the High Court, arguing against the legality of the ministerial action.
A provisional order issued in May allowed the trio to resume their board functions pending the determination of their substantive challenge.
The November 3 consent order now provides the decisive legal outcome in their challenge, setting aside the minister’s termination decision.
In its November 6 statement, ZIMURA expressed appreciation to the Justice Ministry and other parties involved in reaching the agreement.
“Moving forward, the Board is committed to actively engaging the Ministry to build a collaborative working relationship aimed at strengthening Zimbabwe’s copyright ecosystem,” the association said.
ZIMURA said its immediate focus would be on improving royalty collection and distribution, strengthening operational efficiency and safeguarding the livelihoods of music creators and other rights holders.
The association also reaffirmed its commitment to international copyright obligations under the Berne Convention, the TRIPS Agreement and reciprocal arrangements with international collective management organisations affiliated to the International Confederation of Societies of Authors and Composers (CISAC).
