News / Local
Matson Hlalo, MDC-T showdown looms
14 Jun 2015 at 14:02hrs | Views
BATTLE lines have been drawn between MDC-T and Matson Hlalo, with the opposition party seeking to reverse a judgment which declared him the bona fide Bulawayo provincial chairperson of the party, in an effort to save the political career of the city's deputy mayor, Gift Banda.
MDC-T, coming fresh from a court defeat where Banda was barred from acting as the party's Bulawayo provincial chairperson shortly after Bulawayo High Court judge, Justice Martin Makonese ruled in favour of Hlalo, filed an application for rescission of judgment.
Justice Makonese had issued a default judgment in Hlalo's favour in his application for review of the provincial congress proceedings held in October last year, disqualifying Banda from being a candidate for the provincial chair post.
Stung by the decision, MDC-T rushed back to the court seeking the reversal of Justice Makonese's decision. The matter has been pencilled to be heard on Tuesday with both parties having filed their heads of arguments. Justice Maxwell Takuya will hear the matter in an open court
The presiding officer and chairperson of the organising committee, Abednico Bhebhe, MDC-T chairman Lovemore Moyo and Banda were cited as first, second, third and fourth respondents respectively in Hlalo's application for review and are the applicants in the rescission application.
In his ruling, which has attracted the wrath of
MDC-T, Justice Makonese set aside in their entirety the October last year Bulawayo provincial elections which were reportedly conducted in the presence of the opposition party leader, Morgan TsvangiraL
"Fourth respondent (Banda) does not qualify and is thus disqualified to be a candidate for provincial chairmanship of the 2nd respondent (MDC-T) in terms of Article 5.5.2 (b) of 2nd respondent's Constitution. The 2nd respondent is ordered to conduct the elections referred to in paragraph (1) above afresh using the properly constituted structures and upon presentation, before the said elections, of structures database in line with the 2nd respondent's National Congress Template," ruled Justice Makonese.
"Applicant (Hlalo), if he is the only candidate remaining for the post of chairmanship for 2nd respondent's Bulawayo province by virtue of the 4th respondent's disqualification above and in light of the fact that nominations were dosed, is hereby declared as duly elected chairperson for 2nd respondent's Bulawayo province."
MDC-T was ordered to pay the cost of suit which was in excess of $1400.
The party had to follow the rescission of judgment in Hlalo's application for review of the congress proceedings as it was the only option left since they had also failed to reverse another judgment by the same court barring Banda to act in anyway as the MDC-T provincial chairperson.
Hlalo had filed an urgent chamber application seeking an order barring Banda to act as such.
MDC-T appealed to the Supreme Court seeking the reversal of that judgment so that Banda would continue to act as the provincial chairperson until the finalisation of their application for rescission of the default judgment passed by Justice Makonese.
However, the party suffered a blow after the highest court on the land threw out the appeal as the party failed to comply with Supreme Court rules governing the way appeals were conducted.
"Reference is made to the notice of appeal you filed on November 10 2014," wrote the Supreme Court to Mwonzora and Associates, the party's legal representatives.
It is noted that you did not comply with the rule 15(8a) for the inspection of the record within the time specified in terms of the Supreme Court rules, 1964. In terms of subrule 15 (8b) of the aforementioned rules the appeal is deemed as to have been abandoned."
The development left the party with only one option of pursuing the application for rescission of the judgment which is still pending before the Bulawayo High Court
In his founding affidavit on behalf of MDC-T, Banda said he was not served with the court application nor were any other persons cited as respondents.
Banda said they were not in wilful default, but were not served with the court application for review and that explained their failure to file opposing papers.
However, Hlalo has opposed the application for rescission of the judgment, arguing they served the parties including Banda with the application.
He also produced a certificate of return of service which showed that the parties were served with the application.
Godfrey Nyoni of Moyo and Nyoni Legal Practitioners is representing Hlalo.
MDC-T, coming fresh from a court defeat where Banda was barred from acting as the party's Bulawayo provincial chairperson shortly after Bulawayo High Court judge, Justice Martin Makonese ruled in favour of Hlalo, filed an application for rescission of judgment.
Justice Makonese had issued a default judgment in Hlalo's favour in his application for review of the provincial congress proceedings held in October last year, disqualifying Banda from being a candidate for the provincial chair post.
Stung by the decision, MDC-T rushed back to the court seeking the reversal of Justice Makonese's decision. The matter has been pencilled to be heard on Tuesday with both parties having filed their heads of arguments. Justice Maxwell Takuya will hear the matter in an open court
The presiding officer and chairperson of the organising committee, Abednico Bhebhe, MDC-T chairman Lovemore Moyo and Banda were cited as first, second, third and fourth respondents respectively in Hlalo's application for review and are the applicants in the rescission application.
In his ruling, which has attracted the wrath of
MDC-T, Justice Makonese set aside in their entirety the October last year Bulawayo provincial elections which were reportedly conducted in the presence of the opposition party leader, Morgan TsvangiraL
"Fourth respondent (Banda) does not qualify and is thus disqualified to be a candidate for provincial chairmanship of the 2nd respondent (MDC-T) in terms of Article 5.5.2 (b) of 2nd respondent's Constitution. The 2nd respondent is ordered to conduct the elections referred to in paragraph (1) above afresh using the properly constituted structures and upon presentation, before the said elections, of structures database in line with the 2nd respondent's National Congress Template," ruled Justice Makonese.
"Applicant (Hlalo), if he is the only candidate remaining for the post of chairmanship for 2nd respondent's Bulawayo province by virtue of the 4th respondent's disqualification above and in light of the fact that nominations were dosed, is hereby declared as duly elected chairperson for 2nd respondent's Bulawayo province."
MDC-T was ordered to pay the cost of suit which was in excess of $1400.
The party had to follow the rescission of judgment in Hlalo's application for review of the congress proceedings as it was the only option left since they had also failed to reverse another judgment by the same court barring Banda to act in anyway as the MDC-T provincial chairperson.
MDC-T appealed to the Supreme Court seeking the reversal of that judgment so that Banda would continue to act as the provincial chairperson until the finalisation of their application for rescission of the default judgment passed by Justice Makonese.
However, the party suffered a blow after the highest court on the land threw out the appeal as the party failed to comply with Supreme Court rules governing the way appeals were conducted.
"Reference is made to the notice of appeal you filed on November 10 2014," wrote the Supreme Court to Mwonzora and Associates, the party's legal representatives.
It is noted that you did not comply with the rule 15(8a) for the inspection of the record within the time specified in terms of the Supreme Court rules, 1964. In terms of subrule 15 (8b) of the aforementioned rules the appeal is deemed as to have been abandoned."
The development left the party with only one option of pursuing the application for rescission of the judgment which is still pending before the Bulawayo High Court
In his founding affidavit on behalf of MDC-T, Banda said he was not served with the court application nor were any other persons cited as respondents.
Banda said they were not in wilful default, but were not served with the court application for review and that explained their failure to file opposing papers.
However, Hlalo has opposed the application for rescission of the judgment, arguing they served the parties including Banda with the application.
He also produced a certificate of return of service which showed that the parties were served with the application.
Godfrey Nyoni of Moyo and Nyoni Legal Practitioners is representing Hlalo.
Source - Sunday News
