THE High Court yesterday nullified Nelson Chamisa\u2019s MDC presidency and ordered the party to organise an extra-ordinary congress to choose a new leader within a month, but the youthful opposition politician vowed to go ahead with his party\u2019s planned elective congress later this month while appealing the court ruling.<\/p>\n
The verdict by Justice Edith Mushore follows an application by MDC secretary for Gokwe Sesame district, Elias Mashavira, who petitioned the High Court last year seeking nullification of
\nChamisa and his deputy Elias Mudzuri\u2019s appointment into the party\u2019s presidium.<\/p>\n
The duo was handpicked and appointed as co-vice-presidents by the now late MDC leader Morgan Tsvangirai.<\/p>\n
But in her ruling delivered in the motion court, Justice Mushore said: \u201cThe appointments of the second and third respondents (Chamisa and Mudzuri) as deputy presidents of the MDC party were unconstitutional and, therefore, null and void. The appointment of second respondent (Chamisa) as acting president, and president of the MDC party were unconstitutional and, therefore, null and void.<\/p>\n
\u201cAll appointments and\/or reassignments and all actions of the second respondent in his purported capacity as deputy\/acting or incumbent president were unconstitutional and,
\ntherefore, null and void.\u201d<\/p>\n
Justice Mushore also ordered the MDC party to hold an extra-ordinary congress within a month.<\/p>\n
In July 2016, Tsvangirai handpicked Chamisa and Mudzuri as his deputies and when he passed on in February 2018, the party\u2019s national executive committee and the national council annointed Chamisa and Mudzuri as president and deputy, respectively.<\/p>\n
But Mashavira challenged the move, citing violation of the party\u2019s constitution.<\/p>\n
Justice Mushore said it was self-evident that, according to the MDC\u2019s constitution, party presidents and their deputies were only elected at congress and not appointed.<\/p>\n
\u201cSecond and third respondents\u2019 (Chamisa and Mudzuri) claim to be deputy presidents is based upon the late president (Tsvangirai) picking them to be deputy presidents. They were not elected into those positions at a congress,\u201d the judge said.<\/p>\n
\u201cThe applicant (Mashavira) claims that the legitimate deputy president in the party, who still carries the title of deputy president, is the fourth respondent (Thokozani Khupe), by virtue of her democratic election at congress in 2014. That claim is aligned to the provision in article 6.4.4.1 of the party\u2019s constitution. It is that simple.\u201d<\/p>\n
Justice Mushore further noted that after Tsvangirai\u2019s death, the acting president, as per article 9.2 of the constitution, should have assumed the presidential duties and called for an extra-ordinary congress in no later than a year from the death or resignation of the former president.<\/p>\n
\u201cPlainly speaking, therefore, \u2026 the duty to call (for) the extra-ordinary congress for such an election would have been that of the fourth respondent (Khupe). The constitution is specific about this requirement \u2026,\u201d she said.<\/p>\n
In his application, through his lawyers Mutungura and Partners, Mashavira had cited the MDC, Chamisa, Mudzuri, Khupe, MDC secretary-general Douglas Mwonzora and chairperson Morgen Komichi as respondents.<\/p>\n
Mashavira also challenged the decision of the party\u2019s national executive committee and the national council to elect Chamisa as party president outside congress.<\/p>\n
He said, as a delegate representing Gokwe Sesame district, he was supposed to have been invited to an MDC congress organised by Khupe in Bulawayo last year.<\/p>\n
\u201cThe fifth respondent (Mwonzora), as the secretary-general, did not invite delegates, neither did he take minutes of the alleged congress. My province, district, ward and branch were not invited to that congress and, as such, in terms of the MDC party constitution, no congress has been held to fill the vacancy left by the passing on of the president of the MDC party, Morgan Richard Tsvangirai. In any event, what was supposed to be held is an extra-ordinary congress, not an ordinary congress,\u201d he said.<\/p>\n
\u201cUpon the death of Tsvangirai, provisions of the party\u2019s constitution regarding the president\u2019s succession automatically kicked in. However a dispute erupted between Khupe, Chamisa and Mudzuri.\u201d<\/p>\n
In a statement yesterday, MDC spokesperson Jacob Mafume, however, said the party was going ahead with its elective congress set for May 24-26 in Gweru, regardless of the High Court ruling.<\/p>\n
\u201cWe have just been advised of the High Court of Zimbabwe judgment issued by Justice Edith Mushore today. We fundamentally disagree with the judgment. The choice of leaders of any political party, the world over is the sole preserve of the members of that party,\u201d he said.<\/p>\n
\u201cIt can never be a judicial process. Equally, the actions, activities and programmes of a political party, being a voluntary organisation whose existence is protected by the Constitution, is the sole preserve of the members of that party.\u201d<\/p>\n
The MDC said it would appeal the High Court judgment, noting in their statement that the courts had become an extension of \u201cZanu PF hegemonic rule\u201d.<\/p>\n
\u201cIn just a few weeks\u2019 time, the MDC will complete the process of democratically electing its leadership at a congress convened in terms of its constitution. Strangely, Justice Mushore\u2019s judgment contradicts and totally ignores an earlier judgment of the High Court, which ruled on the case of Murimoga versus the MDC,\u201d Mafume said.<\/p>\n
In 2017, the High Court dismissed an application by Patson Murimoga challenging the appointment of Chamisa and Mudzuri as vice-presidents.<\/p>\n
\u201cWe are fully aware of the machinations and strategies being deployed by the Mnangagwa administration to destabilise and destroy the people\u2019s project. We reiterate that (President) Emmerson Mnangagwa is illegitimate and no amount of diversionary tactics will change this fact,\u201d Mafume added.<\/p>\n
He said \u201cfor the avoidance of doubt\u201d, preparations for the MDC congress were at an advanced stage and 6 800 delegates would attend.<\/p>\n
\u201cThat process is irreversible. We shall hold a historic and joyous congress under the theme Defining a New Course for Zimbabwe,\u201d Mafume said.<\/p>\n
An MDC appeal against the High Court ruling has the effect of suspending the judgment, meaning the congress can proceed without any legal hindrances.<\/p>\n","protected":false},"excerpt":{"rendered":"
THE High Court yesterday nullified Nelson Chamisa\u2019s MDC presidency and ordered the party to organise an extra-ordinary congress to choose a new leader within a month, but the youthful opposition politician vowed to go ahead with his party\u2019s planned elective congress later this month while appealing the court ruling. The verdict by Justice Edith Mushore […]<\/p>\n","protected":false},"author":84,"featured_media":8581,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[113,88,559,120],"class_list":{"0":"post-8580","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-all-news","8":"category-parties","9":"tag-chamisa","10":"tag-mdc","11":"tag-mudzuri","12":"tag-parties"},"yoast_head":"\n