Terrence Mawawa|The chairperson of the Parliamentary Portfolio Committeee on Mines,Temba Mliswa has all but defied the Attorney General, Prince Machaya’ s stance on Hwange by agreeing to give audience to Nick Van Hoogstraten, who is believed to be the second largest shareholder in Hwange Colliery Company Limited.

In a message to his colleagues in the Parliamentary Committee on Mines and Mining Development, that reads as follows: “On another note I received a call van Hoogstraten who said he had come all the way from London to appear before us. I subsequently advised him to come before us next Monday at 09:00hrs. Please note accordingly,” it is clear that although Hwange is a company under reconstruction, Mr. Van Hoogstraten believes that there is a role for the Committee to play in the dispute.

In his oral evidence to the Committee, the AG said: “In the case of companies which are put under reconstruction, the fact that they are indebted to the State does not necessarily make them Government agencies.

Parliament cannot exercise its powers over a company like Hwange, any power that it would not otherwise have if it is not under an order of reconstruction because it is a privately-controlled company.

It has got its shareholders and other people. If there was no order of reconstruction, Parliament cannot play its oversight over Hwange. The order of reconstruction itself does not make Hwange an institution of Government.”

“If Parliament has no powers to invite the administrator to appear before the Committee, then surely it follows that the Committee should have no legal standing to invite the displaced shareholders of the company.

It is the case that the existence and operation of the Reconstruction of State Indebted Insolvent Companies 2005 (the Act) effectively places a targeted company under the exclusive control of an Administrator appointed by the Minister of Justice.

The Minister has already applied for confirmation of the order that he issued in relation to Hwange. The wheels of the law are in motion and even the Judge who is going to hear the confirmation of the order has no power to review, vary or rescind it as it is only the Minister who is possessed with that power and authority.

So in the circumstances, it is not clear what Mr. Van Hoogstraten hopes to achieve by appearing before a Committee that has so far refused to take a position on the legality and constitutionality of the Reconstruction Act.

I am still concerned about the effectiveness of parliament in building fortress against the propensity of the Executive Branch of government usurping the powers reserved to parliament and the judiciary to make laws and interpret them, respectively,” said Ms. Miriam Mutizwa, an activist who is committed to ensuring that the bid to push Emmerson Mnangagwa to restore the rule of law is supported.Ms Mutizwa is a member of the Friends of Shabanie and Mashava Mines(FOSMM).