News / Local
MDC-T leadership wrangle spills into the courts
18 Apr 2015 at 10:20hrs | Views
MDC-T senator Matson Hlalo has filed an application at the Bulawayo High Court suing the party, its organising secretary, Abednico Bhebhe and deputy mayor Gift Banda for allegedly defying a court order granted by Justice Makonese in his favour.
According to the court papers filed last Friday, Hlalo is the applicant while MDC-T, Bhebhe and Banda were cited as respondents.
In his founding affidavit Hlalo, through his lawyers Moyo and Nyoni Legal Practitioners, is accusing Banda of masquerading as the MDC-T Bulawayo provincial chairperson in defiance of a court order which nullified his election following the controversial internal polls last year.
Justice Makonese last November ordered the MDC-T to hold fresh elections for the Bulawayo provincial chairperson post, declaring that Banda was unlawfully elected as he was an ineligible candidate according to the party's constitution.
The High Court Judge granted the order after Hlalo, the losing candidate, approached the court arguing that the party leadership's acceptance of Banda's nomination to the post was irregular.
"The respondents are in contempt of the judgment of this court. On March 18, 2015, Bhebhe wrote a letter which he copied to Banda referring to him as the provincial chairperson for Bulawayo. Bhebhe did this fully aware of the order of this court under judgment number HB158/14 granted under case number HC 2371/14. The document was a disciplinary letter for a party member," said Hlalo.
He said the minutes of the meeting referred to Banda as the Bulawayo provincial chairperson for MDC-T.
Hlalo said although the minutes of the meeting cited Dorcas Sibanda as acting chairperson on that particular day, she denied having chaired the meeting.
Sibanda, who is a witness in the matter, also deposed an affidavit in support of Hlalo.
"I'm the deponent in this matter and a member of MDC-T. I confirm that I never chaired the meeting on that particular day. It is common cause within the party that Banda has been acting and representing himself to party members as the Bulawayo provincial chairperson for MDC-T," said Sibanda.
Hlalo is accusing the respondents of breaching a court order and undermining the authority of the judge.
"The respondents' conduct is clearly a deliberate breach of the court order. Such behaviour in my view is not acceptable in a nation like ours, which prides itself in respecting the rule of law," he argued.
According to his draft order, Hlalo wants the court to order Banda and Bhebhe to pay a fine of $5,000 each through the Registrar of the High Court within seven days or serve 30 days in jail in the event that they fail to raise the money.
In addition to that Hlalo wants the party to be fined $10,000 within the same period or have its property attached in the event of failure to pay the money.
According to the court papers filed last Friday, Hlalo is the applicant while MDC-T, Bhebhe and Banda were cited as respondents.
In his founding affidavit Hlalo, through his lawyers Moyo and Nyoni Legal Practitioners, is accusing Banda of masquerading as the MDC-T Bulawayo provincial chairperson in defiance of a court order which nullified his election following the controversial internal polls last year.
Justice Makonese last November ordered the MDC-T to hold fresh elections for the Bulawayo provincial chairperson post, declaring that Banda was unlawfully elected as he was an ineligible candidate according to the party's constitution.
The High Court Judge granted the order after Hlalo, the losing candidate, approached the court arguing that the party leadership's acceptance of Banda's nomination to the post was irregular.
"The respondents are in contempt of the judgment of this court. On March 18, 2015, Bhebhe wrote a letter which he copied to Banda referring to him as the provincial chairperson for Bulawayo. Bhebhe did this fully aware of the order of this court under judgment number HB158/14 granted under case number HC 2371/14. The document was a disciplinary letter for a party member," said Hlalo.
He said the minutes of the meeting referred to Banda as the Bulawayo provincial chairperson for MDC-T.
Hlalo said although the minutes of the meeting cited Dorcas Sibanda as acting chairperson on that particular day, she denied having chaired the meeting.
Sibanda, who is a witness in the matter, also deposed an affidavit in support of Hlalo.
"I'm the deponent in this matter and a member of MDC-T. I confirm that I never chaired the meeting on that particular day. It is common cause within the party that Banda has been acting and representing himself to party members as the Bulawayo provincial chairperson for MDC-T," said Sibanda.
Hlalo is accusing the respondents of breaching a court order and undermining the authority of the judge.
"The respondents' conduct is clearly a deliberate breach of the court order. Such behaviour in my view is not acceptable in a nation like ours, which prides itself in respecting the rule of law," he argued.
According to his draft order, Hlalo wants the court to order Banda and Bhebhe to pay a fine of $5,000 each through the Registrar of the High Court within seven days or serve 30 days in jail in the event that they fail to raise the money.
In addition to that Hlalo wants the party to be fined $10,000 within the same period or have its property attached in the event of failure to pay the money.
Source - chronicle
