News / Local
Bhebhe's bid to stop MDC-T Congress dismissed with costs
26 Dec 2020 at 20:47hrs | Views
BULAWAYO High Court Judge, Thompson Mabhikwa Saturday dismissed with costs, a case in which expelled MDC-T organising secretary, Abednico Bhebhe was seeking a stop to the opposition's congress in Harare this Sunday.
About two weeks ago, Bhebhe filed an urgent application at the High Court to try and stop the event which was initially set for 19 December this year.
The congress was initially ordered by the Supreme Court March this year following the nullification of Nelson Chamisa's ascendance to the party's presidency soon after the death of founding leader, Morgan Tsvangirai in February 2018.
Bhebhe's lawyer Nqobani Sithole told NewZimbabwe.com his client lost the case on a technicality.
"Justice Mabhikwa dismissed the case with costs. He ruled that the matter was not urgent and that Bhebhe approached the wrong court," said Sithole.
In his application, the former Nkayi legislator cited the party's acting president, Thokozani Khupe as 1st respondent while party chairperson Morgen Komichi and the Movement for Democratic Change (MDC-T) were cited as 2nd and 3rd respondents respectively.
He wanted the court to first determine the legality of his expulsion before the holding of the congress itself.
Khupe suspended Bhebhe from his position on the 29th of October this year.
On November 4, Bhebhe wrote back to Khupe asking for the uplifting of the suspension citing some irregularities.
He was however allowed to remain an ordinary party card carrying member.
The former Nkayi legislator contested for the Bulawayo Extra Ordinary Congress provincial nomination before he was eventually expelled from the party last month for "grossly violating the Constitution of the party by supporting another political party other than the MDC-T".
Last week, Justice Dube Banda postponed the case to this week after the respondents' lawyer, Tawanda Tawengwa argued that the respondents could not prepare their opposing papers because they were served with the applicant‘s court papers very late.
About two weeks ago, Bhebhe filed an urgent application at the High Court to try and stop the event which was initially set for 19 December this year.
The congress was initially ordered by the Supreme Court March this year following the nullification of Nelson Chamisa's ascendance to the party's presidency soon after the death of founding leader, Morgan Tsvangirai in February 2018.
Bhebhe's lawyer Nqobani Sithole told NewZimbabwe.com his client lost the case on a technicality.
"Justice Mabhikwa dismissed the case with costs. He ruled that the matter was not urgent and that Bhebhe approached the wrong court," said Sithole.
In his application, the former Nkayi legislator cited the party's acting president, Thokozani Khupe as 1st respondent while party chairperson Morgen Komichi and the Movement for Democratic Change (MDC-T) were cited as 2nd and 3rd respondents respectively.
Khupe suspended Bhebhe from his position on the 29th of October this year.
On November 4, Bhebhe wrote back to Khupe asking for the uplifting of the suspension citing some irregularities.
He was however allowed to remain an ordinary party card carrying member.
The former Nkayi legislator contested for the Bulawayo Extra Ordinary Congress provincial nomination before he was eventually expelled from the party last month for "grossly violating the Constitution of the party by supporting another political party other than the MDC-T".
Last week, Justice Dube Banda postponed the case to this week after the respondents' lawyer, Tawanda Tawengwa argued that the respondents could not prepare their opposing papers because they were served with the applicant‘s court papers very late.
Source - newzimbabwe
