News / National
Tsvangirai challenges suspension
24 Jun 2014 at 09:48hrs | Views
'SUSPENDED' MDC-T president Morgan Tsvangirai has approached the High Court seeking an order to overturn a national council resolution that stripped him of his powers along with six other party leaders.
In papers deposited with the High Court on June 17, Tsvangirai, in the application fronted by former youth chairperson Tamsanqa Mahlangu and 128 other party leaders, wants the meeting convened by secretary general Tendai Biti that suspended him declared illegal, null and void.
"The defendants specifically excluded inviting the 130 plaintiffs to the meeting at Mandel Training Centre and only 33 members of the national council attended the meeting," Mhlangu averred.
The meeting, which convened on April 26, chose Samuel Sipepa Nkomo, secretary general of the respected Guardians Council to chair the gathering.
Tsvangirai and six others, among them, deputy president Thokozani Khupe, national chairperson Lovemore Moyo and organising secretary Nelson Chamisa were suspended bending disciplinary action for a plethora of misdemeanours relating to promoting divisions, violence and usurping the party constitution as well as outright dictatorship.
Now Tsvangirai argues that Nkomo had no authority to chair the meeting that suspended him and the resolution to "place the MDC-T under curatorship" headed by party elder Sekai Holland is "in contravention of the constitution of the 2nd plaintiff (MDC-T)".
Holland is chair of the Guardians Council.
Ex-premier Tsvangirai wants the court to declare the actions by the defendants "illegal and unconstitutional".
"The meeting convened by the defendants at Mandel Training Centre on 26th April be and is hereby declared to be in contravention of the constitution of the 2nd plaintiff and, therefore, null and void. All the resolutions arrived at in the said meeting be and are hereby declared to be null and void," the court papers read.
The Tsvangirai group also wants the decision to place the MDC-T under curatorship of the 4th defendant be declared null and void.
The Mandel meeting was a culmination of months of heckling and violent confrontation that resulted in the unrestrained attack on former Energy Minister Elton Mangoma and other leaders.
Mangoma responded by writing a stinging letter accusing Tsvangirai of being the instigator-in-chief of the attack that took place at Harvest House early this year.
In turn, Tsvangirai suspended Mangoma, but days following the national council meeting at Mandel expelled the ex-cabinet minister along with Biti and others agitating for "regime change" at the opposition party.
The warring groups then both wrote to the Speaker of Parliament Jacob Mudenda after Tsvangirai threatened to recall legislators seen as supporting his suspension. Biti wrote first and declared himself the bonafide party point-person regarding the legislatures.
In a ruling that riled the Tsvangirai group, Mudenda washed his hands and referred the two parties to the courts.
Meanwhile, the fight for control of the opposition party's properties would also have to be decided by the High Court.
In a court challenge lodged last week, the MDC-T wants the High Court to force the directors of a company known as Laphonic Investments, whose directors are Biti, Mangoma and a party activist Fortune Gwaze, to release the properties to the Tsvangirai group.
The MDC-T through party spokesperson Douglas Mwonzora, who is acting as legal counsel, said sometime in February this year, the opposition party decided to replace Biti, Mangoma and Gwaze as directors of the investment vehicle.
"The (three) defendants had initially agreed to resign as directors, but appear to have developed cold feet," reads the court papers.
"To plaintiff's surprise, 1st, 2nd, and 3rd (Biti, Mangoma and Gwaze respectively) defendants purporting to act on behalf of 4th (Laphonic) defendant have refused, failed and neglected to hand over the assets to the plaintiff and this has caused a lot of prejudice to the plaintiff."
The court further reads: "It is just and equitable that 1st, 2nd and 3rd defendants be removed as directors of the 4th defendant. It is just and equitable that all assets listed in Annexure 'A' to these summons be delivered to the plaintiff (MDC-T)."
In papers deposited with the High Court on June 17, Tsvangirai, in the application fronted by former youth chairperson Tamsanqa Mahlangu and 128 other party leaders, wants the meeting convened by secretary general Tendai Biti that suspended him declared illegal, null and void.
"The defendants specifically excluded inviting the 130 plaintiffs to the meeting at Mandel Training Centre and only 33 members of the national council attended the meeting," Mhlangu averred.
The meeting, which convened on April 26, chose Samuel Sipepa Nkomo, secretary general of the respected Guardians Council to chair the gathering.
Tsvangirai and six others, among them, deputy president Thokozani Khupe, national chairperson Lovemore Moyo and organising secretary Nelson Chamisa were suspended bending disciplinary action for a plethora of misdemeanours relating to promoting divisions, violence and usurping the party constitution as well as outright dictatorship.
Now Tsvangirai argues that Nkomo had no authority to chair the meeting that suspended him and the resolution to "place the MDC-T under curatorship" headed by party elder Sekai Holland is "in contravention of the constitution of the 2nd plaintiff (MDC-T)".
Holland is chair of the Guardians Council.
Ex-premier Tsvangirai wants the court to declare the actions by the defendants "illegal and unconstitutional".
"The meeting convened by the defendants at Mandel Training Centre on 26th April be and is hereby declared to be in contravention of the constitution of the 2nd plaintiff and, therefore, null and void. All the resolutions arrived at in the said meeting be and are hereby declared to be null and void," the court papers read.
The Tsvangirai group also wants the decision to place the MDC-T under curatorship of the 4th defendant be declared null and void.
Mangoma responded by writing a stinging letter accusing Tsvangirai of being the instigator-in-chief of the attack that took place at Harvest House early this year.
In turn, Tsvangirai suspended Mangoma, but days following the national council meeting at Mandel expelled the ex-cabinet minister along with Biti and others agitating for "regime change" at the opposition party.
The warring groups then both wrote to the Speaker of Parliament Jacob Mudenda after Tsvangirai threatened to recall legislators seen as supporting his suspension. Biti wrote first and declared himself the bonafide party point-person regarding the legislatures.
In a ruling that riled the Tsvangirai group, Mudenda washed his hands and referred the two parties to the courts.
Meanwhile, the fight for control of the opposition party's properties would also have to be decided by the High Court.
In a court challenge lodged last week, the MDC-T wants the High Court to force the directors of a company known as Laphonic Investments, whose directors are Biti, Mangoma and a party activist Fortune Gwaze, to release the properties to the Tsvangirai group.
The MDC-T through party spokesperson Douglas Mwonzora, who is acting as legal counsel, said sometime in February this year, the opposition party decided to replace Biti, Mangoma and Gwaze as directors of the investment vehicle.
"The (three) defendants had initially agreed to resign as directors, but appear to have developed cold feet," reads the court papers.
"To plaintiff's surprise, 1st, 2nd, and 3rd (Biti, Mangoma and Gwaze respectively) defendants purporting to act on behalf of 4th (Laphonic) defendant have refused, failed and neglected to hand over the assets to the plaintiff and this has caused a lot of prejudice to the plaintiff."
The court further reads: "It is just and equitable that 1st, 2nd and 3rd defendants be removed as directors of the 4th defendant. It is just and equitable that all assets listed in Annexure 'A' to these summons be delivered to the plaintiff (MDC-T)."
Source - Zim Mail
