Harare, Zimbabwe | Businessman Farai Matsika’s attempt to gain a substantial share of Croco Motors has come to an end after the Constitutional Court ruled that the Supreme Court’s decision he challenged cannot be appealed.
The Supreme Court serves as the final decision-maker unless a constitutional issue is involved.
Matsika has been engaged in a prolonged legal battle with his uncle, Moses Chingwena, over Croco Motors’ shares.
All his legal attempts, including applications for condonation of late appeal, postponement, a larger appeal bench, and referral to the Constitutional Court, were rejected by the Supreme Court.
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Matsika approached the Constitutional Court for permission to appeal the Supreme Court’s decision, but a panel of three judges—Justice Anne Gowora, Justice Bharat Patel, and Justice Ben Hlatshwayo—dismissed his application.
They ruled that the Supreme Court did not address any constitutional issues, making its decision final and unappealable.
The court emphasized that it was not in the interests of justice to grant Matsika and his company, Fairgold Investments Pvt Ltd, leave to appeal against the Supreme Court’s decision. Justice Gowora stated that actions contrary to legal provisions are null and void, and the Supreme Court’s decision on condonation and extension of time to appeal was final.
Matsika’s legal counsel, Professor Lovemore Madhuku, argued that the Supreme Court erred in its judgment, but the Constitutional Court did not find grounds to intervene.
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The High Court had initially ruled that Matsika used fabricated documents in his attempt to claim a 30% share of Croco Motors, and subsequent appeals were rejected due to late filings and lack of merit.
Matsika’s efforts to overturn these decisions were ultimately unsuccessful, bringing an end to his legal pursuit. The feud with his uncle began in 2015 when Matsika left Croco Holdings, citing decision-making conflicts with new executives hired by Chingwena.
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