|Mutambara’s ouster above board — High Court|
|Wednesday, 13 June 2012 15:05|
Daniel Nemukuyu Senior Court Reporter
The ruling follows an application by Jobert Mudzumwe, Morgan Changa-mire and other MDC members aligned to Prof Arthur Mutambara’s faction seeking to nullify the congress and the election of the party’s national executive.
The group — that was represented by Mr Obey Shava of Mbidzo, Muchadehama and Makoni — had argued that the congress was conducted in violation of the party constitution.
It was argued that organisers of the congress failed to send notices to all provinces and districts as required by the party constitution.
The group also argued that the election process was flawed in the sense that the party national organising secretary chaired the election, instead of the national chairman.
He ruled that the national organising secretary was justified in chairing the election considering that the party chairman had deliberately absented himself.
“It follows that the resolution authorising the national organising secretary to perform the functions of the national chairperson at the congress, including the conduct of elections under Article 6.13.3 was perfectly competent under the aegis of Article 15.1.
“To allow him to do so would enable him to benefit from his own deliberate abstention to the extreme prejudice of the entire MDC party member- ship.
Justice Patel shot down the challenge on proper notification of provinces and districts.
“Those who did not attend, including the applicants, deliberately chose to boycott. In any event, virtually all the applicants were members of the national council and were present at the meeting where the dates of the congress were fixed.
The election process, the judge ruled, was above board and in line with the party constitution.
Mr Changamire said the group intended to appeal against the judgment.
In December last year, Bulawayo High Court judge Justice Lawrence Kamocha granted an application by Prof Ncube to interdict Prof Mutambara from acting as both party president and principal to the Global Political Agreement.
Justice Kamocha ruled that basing on the final order sought, Prof Mutambara was no longer MDC president.
However, the matter is still pending in the Supreme Court after Prof Mutambara appealed against the ruling.