Takunda Maodza Senior Reporter
LEGAL and political analysts say the dismissal in the High Court yesterday of an application by a faction aligned to

Professor Arthur Mutambara to have Professor Welshman Ncube stripped of the MDC presidency does not spell political doom for the Deputy Prime Minister.
It only affects his position in the party if he chooses not to appeal, but not his position in the inclusive Gov­ernment, where he is Deputy Prime Minister, they argued.
The Mutambara camp had filed an application in the High Court chal­lenging the legality of the 2011 MDC congress that saw Prof Ncube becom­ing president of the party.
High Court Judge Justice Bharat Patel has dismissed the application.
“Politics is not decided in a court of law. In the public court is where poli­tics is decided,” said political analyst Profes­sor Jonathan Moyo.
He said the courts were only there to clarify legal issues.
On Justice Patel’s ruling, Prof Moyo said: “The outcome was as open as the sky. Everybody expected it even Mutambara himself. There is no big deal.”
He said Prof Mutambara could sus­pend the ruling by taking his case to the Supreme Court.
Harare lawyer, Mr Chris Mhike, said Prof Mutambara could appeal against the High Court verdict.
“He could appeal against the judg­ment. If he appeals it suspends the judg­ment,” he said.
Mr Mhike said the ruling did not affect Prof Mutambara’s position as Deputy Prime Minister in the inclusive Government.
“His position in the inclusive Gov­ernment is a State position, not a party position. Mutambara might have ceased to be a president of a party but it does not automatically follow that he loses his position in the State,” he said.
Former Attorney-General, Mr Andrew Chigovera said: “The GPA does name names. Zanu-PF is repre­sented by President Mugabe, MDC-T by Prime Minister Tsvangirai and the other one by Mutambara. It is some­thing someone has to pick up — nam­ing people instead of political parties.”
He was reluctant to comment much before seeing the actual judgment itself.
Another lawyer, Mr Terrence Hus­sein, said the High Court ruling only affected Prof Mutambara’s position in the MDC.
“What goes on in a political party and what goes on in Government are two separate things. Constitutional Amendment Number 19 names indi­viduals — President Mugabe, Morgan Tsvangirai and Mutambara. There is that legal difficulty that they have to resolve,” he said.
But a prominent Harare lawyer, speaking on condition of anonymity, said the High Court ruling was politi­cal embarrassment for DPM Mutam­bara.
“It does serious damage to his stand­ing . . . politically where is he stand­ing?” the lawyer said.