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The 13, led by ousted party national chairman Joubert Mudzumwe, national council members Tsitsi Dangarembgwa, Constantine Chipadza and Morgan

Changamire, argue that the congress was conducted in violation of the party constitution. Harare lawyer Mr Obey Shava of Mbidzo Muchadehama and Makoni — who filed the application yesterday — confirmed the development.
Mr Shava said his clients were challenging the legitimacy of the congress and any other decisions that were made at the meeting held in Harare on January 8 and 9.

MDC and Prof Ncube were cited in the application as respondents.
According to a founding affidavit deposed by Mr Mudzumwe to form part of the application, it is claimed that Prof Ncube circulated a notice convening the congress to some provincial leaders on December 8 last year.

The congress was convened a month later and Prof Ncube was elected president among other new leaders.
It is the group’s submission that Prof Ncube, being the party’s secretary general, failed to notify all the provinces within the required time.
Some provinces, according to the application, got to know about the congress through the newspapers.
“I submit that despite the above mandatory provision, not every district received the required notice. The district of Chitungwiza North, Chegutu among others only got to know about the congress in print media and never received any notice from the second respondent (Prof Ncube),” the application read.

It is also argued that the proceedings were further invalidated by Prof Ncube’s failure to comply with the provisions of the party constitution.
The constitution stipulates that members of the national executive committee should be advised of the names of persons nominated by each province for election.
“In violation of the provision, the second respondent convened the MDC third congress without receiving nominations from all provinces. For example, Masvingo did not submit its nominations at all,” the members argued.

It was submitted that the party constitution bestows the duty of conducting elections on the chairperson, but the national organising secretary was the one who did everything, further invalidating the process.
Mr Mudzumwe, being the chairman denied ever conducting the elections this year.

“The election was conducted by the organising secretary despite that he had no constitutional mandate to do so. The congress became invalidated and any post created or act done in terms of that congress is of no force and effect and should be declared as such by this court,” said Mr Mudzumwe.
The members urged the court to “clip second respondent (Prof Ncube’s) wings and remind him how to respect his own constitution”.
The party and Prof Ncube are yet to respond to the court application.-The Herald