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Lloyd Gumbo Senior Reporter
Telecel Zimbabwe representatives yesterday refused to give evidence before the Parliamentary Portfolio Committee on Youth, Indigenisation and Economic Empowerment about their indigenisation plan, arguing that the case was before the courts.

The company’s board of directors, management and workers snubbed the meeting and instead sent its lawyers with a written statement.

The telecommunications company was supposed to outline its compliance with the Indigenisation and Economic Empowerment Act to the committee chaired by Zanu-PF MP for Go- kwe-Nembudziya Cde Justice Mayor Wadyajena.

Telecel, through its lawyers Honey and Blanckenberg, said they could not discuss indigenisation plans since the High Court was seized with the licence issues that had a component of indigenisation through the Postal and Telecommunications Act.

“As the committee must be aware, the topic of discussion and/or inquiry is a direct point in legal proceedings before the High Court in case number HC 3975-15 and concomitantly in papers field of record in that court and also by way of a notice of appeal filed with the Honourable Minister of Information Communication Technology, Postal and Courier Services,” said Mr Batanai Peresuh of Honey and Blanckenberg law firm.

“On account that the subject matter of the committee’s portfolio is already traversed in the pending High Court matter and is sub judice, Telecel must respectfully decline further participation in this meeting.

“In so doing, it needs to be emphasised that declining the invitation to participate is predicated on ethical and procedural legal grounds, which we are confident the committee will appreciate. Telecel’s stance in this regard is no different from the position adopted by the Honourable Minister Supa Mandiwanzira.”

After reading the statement, the team was sent out, while committee members consulted.

When the meeting resumed, Cde Wadyajena asked Mr Peresuh to clarify how their compliance with the Indigenisation and Economic Empowerment Act was under the courts.

Mr Peresuh, who was flanked by Telecel Zimbabwe advisor Mr Peter Mudzimiri, argued that while the matter involved the Postal and Telecommunications Act, there was a component of indigenisation that could not be ignored.

Marondera East MP Cde Jeremiah Chiwetu (Zanu-PF) retorted that the Indigenisation and Economic Empowerment Act was not the principal issue at the courts and as such the issue would not be sub judice.

But Mr Peresuh insisted that the two issues were intertwined, leading to Cde Wadyajena saying they would wait for the court process to be finalised.

Potraz cancelled the operating licence for Telecel Zimbabwe last month for failing to comply with licensing and indigenisation requirements.

However, the High Court temporarily rescinded the decision by instructing Potraz to reinstate the licence pending the mobile operator’s appeal to Minister Mandiwanzira.