Regional Human Capital Operations Manager – Human Capital x2 (Harare)

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The Supreme Court has ordered Innscor Africa Limited to divest from Profeeds after ruling that the merger of Profeeds and National Foods (owned by Innscor) created a near monopoly in the stockfeed industry, reported <a href="https://www.zimlive.com/supreme-court-orders-innscor-out-of-profeeds-for-breaches-of-competition-laws/">ZimLive</a>.
The Supreme Court judges found that the merger of the two previously competing companies under Innscor’s ownership resulted in the creation of a dominant unit that could reasonably become a monopoly. This was deemed contrary to the public interest.
Innscor, through its subsidiary Ashram Investments, had acquired a 59% stake in Profeeds in 2013, which the Competition Tariff Commission (CTC) initially prohibited.
Innscor then formed another merger with Profeeds in 2015, this time with a 49% stake, but failed to inform the CTC within the required 30-day period.
Although the law mandates that companies notify the CTC of any merger exceeding US$1.2 million within 30 days, the companies delayed this notification until 2019, two years after Innscor’s new legal team advised them to do so.
The CTC again prohibited the second transaction and imposed a ZWL$40 million fine on Innscor.
Innscor challenged the CTC’s decision at the Administrative Court and won, but the CTC then appealed to the Supreme Court.
Justice Tendai Uchena of the Supreme Court, along with Justices Nicholas Mathonsi and Felistus Chatukuta concurring, stated in their October 3 judgment that the Administrative Court made an error in ruling in favour of Innscor. Ruled the judges:
<blockquote>
The court aquo failed to consider the potential harmful effects of the merger. It therefore did not make its decision in terms of all the applicable factors in assessing a merger…
Monopolistic tendencies must be carefully assessed because they may initially appear favourable, but in the long run they may – when the monopolists get to a point where the market has no other option but to buy their goods – turn around and control even the economy of a country by producing highly priced goods or substandard goods sold at high prices. They may also destroy small business in the future.
</blockquote>
The Supreme Court judges said the Administrative Court ought to have carefully considered the fact that Innscor retained a controlling interest in both National Foods and Proceeds, which specialise in stock feeds. The Supreme Court said:
<blockquote>
Innscor also has a controlling interest in Irvines Zimbabwe, a major customer of both Profeeds and National Foods.
An analysis of Innscor’s conduct shows that it desires to wholly control the stock feeds market which is not permissible.
</blockquote>
The judges added that the merger “concentrated industrial power in the two biggest companies in the stock feed industry” and that the fine imposed on Innscor was reasonable given the company’s apparent affinity for anti-competition activities.
The court said the Profeeds merger was the third time Innscor had contravened competition laws.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The Supreme Court told Innscor to sell Profeeds because their merger made a monopoly, which is bad. Innscor got in trouble for not telling the right people about the merger, and they got fined. The court said Innscor wanted too much power in the stock feed industry, so they had to sell. This was the third time Innscor did something against competition laws. The court said it's important to watch out for big companies trying to control everything. It's not fair to small businesses or the economy.

Supreme Court Orders Innscor To Divest From Profeeds

The Supreme Court will on Wednesday, 02 August, hear an appeal by a dozen CCC candidates for the National Assembly who were barred from running in the 23 August 2023 general elections.
The date was fixed by the apex court following a case management meeting on Monday.
A lawyer for the candidates, Welshman Ncube, said the appeal has been set down for 2 PM on Wednesday.
Twelve voters allegedly linked to ZANU PF, each from Bulawayo’s 12 constituencies, filed simultaneous applications at the High Court to have the CCC candidates and five others disqualified from contesting in the upcoming general elections.
The applicants argued that the candidates filed their nomination papers after the 4 PM deadline on 21 June.
In an appeal filed at the Supreme Court on 28 July, the 12 CCC candidates raised nine grounds of appeal, citing Justice Bongani Ndlovu for granting an application that they say was based on “objectively established falsehoods.”
The Zimbabwe Electoral Commission (ZEC) and the CCC candidates all opposed the applications which were consolidated into one because of similar facts.
ZEC argued that all candidates who were accepted had filed their papers by 4 PM.
The applicants relied on an internal ZEC document which has time stamps next to the names of candidates, arguing that the indicated times, all after 4 PM on 21 June, showed when CCC candidates filed their nomination papers.
ZEC, however, said the indicated times only showed when a candidate’s details were captured on their computer.
If the Supreme Court upholds the ruling by the High Court, it means that CCC cannot have any senators from Bulawayo or MPs under the youth and women’s quota.
This will be the case because the youth and women’s quotas are determined by the number of votes secured by National Assembly candidates.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Supreme Court To Hear Appeal By 12 CCC Parliamentary Candidates On 02 August

The Supreme Court has ruled that it is illegal for Harare City Council to clamp and tow away vehicles parked in the city centre without displaying parking discs.
Council can only fine offenders under its 1983 regulations and if they do not pay within four days, it should have them prosecuted in court.
The ruling was made by Justice Gwaunza, sitting with Justice Tendai Uchena and Justice Lavender Makoni, following an appeal by a Harare motorist, Melody Muza, against a High Court ruling.
Muza had challenged the municipality for clamping and towing her car for failing to display a parking disc while she was parked in a council bay along Park Street on 3 May last year.
Municipal police clamped her car saying she had failed to display a parking disc during the time she was parked and then fined her $57.
Through her lawyer, Stansilous Tapiwa Mutema of Stansilous and Associates, Muza filed an urgent chamber application for spoliation at the High Court.
High Court Justice Owen Tagu dismissed the application saying it was not urgent.
Muza, through Mutema then appealed against the High Court decision at the Supreme Court where the spoliation order was granted.
<h4>More: <a href="https://www.herald.co.zw/vehicle-clamping-towing-illegal-supreme-court/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Council Barred From Clamping, Towing Vehicles

An appeal by a fired married teacher from Bubi district was dismissed by the Supreme Court yesterday dismissed.
Mxolisi Mhlanga, a former teacher at Majiji High School in Matabeleland North was challenging a decision by his employer to fire him for having an affair with a pupil. Mhlanga proposed love to a then 20-year-old pupil in 2012 and had sex with her many times in the school’s storeroom, in the bush and near a river in Bubi. He was brought before a disciplinary committee for misconduct and violating a section of the Public Service Regulations of 2000.nHe was found guilty of improper association with the pupil and discharged from the civil service.
Mhlanga then approached the Labour Court in Bulawayo challenging his dismissal. Justice Mercy Moya-Matshanga upheld the disciplinary committee’s decision. Mhlanga then filed an appeal at the Supreme Court seeking an order setting aside the Labour Court’s ruling, citing the Ministry of Primary and Secondary Education as a respondent. Acting judge of appeal Justice Nokuthula Moyo, who was sitting with Supreme Court Judges Deputy Chief Justice Elizabeth Gwaunza and Justice Lavender Makoni on circuit in Bulawayo, dismissed the appeal, saying it lacked merit.
More: <a href="https://www.chronicle.co.zw/pupil-affair-teacher-loses-supreme-court-appeal/">Chronicle</a>

Teacher Fired For Having Affair With Student Loses Supreme Court Appeal

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