News / National
Tsvangirai expulsion - High Court interdict has no effect
30 Jun 2014 at 08:42hrs | Views
The temporary High Court interdict issued against MDC-Renewal group is of no effect and the disciplinary proceedings currently underway against party leader Morgan Tsvangirai and six others can continue, the faction's legal counsel Lovemore Madhuku has said.
In a letter clarifying the "legal" position regarding the urgent chamber application and the subsequent order by Justice Happious Zhou, that;
"..pending the determination of this matter ..the respondents or any other claiming through them or acting on their instruction be and are hereby interdicted from proceeding with any disciplinary proceedings against the third applicant or any office bearer of the 2nd respondent on June 27 2014 or some other day pursuant to resolutions of a meeting held at Mandel Training Centre on April 26 2014".
The applicants, Thamsanqa Mahlangu, the MDC-T and Lovemore Moyo (national chairperson) wanted an order, stopping implementation of all resolutions of April 26 2014 at Mandel Training centre, any disciplinary proceedings against any office bearer of the '2nd Respondent' pursuant to the resolutions and nullifying any disciplinary proceedings already completed by the time of the interim order.
"… Any disciplinary proceedings already completed by the time of the interim order are not in issue. The signed order only became available after 1230hrs on June 27 2014," said Madhuku.
The tribunal sat on Friday, at the same time Zhou was making considerations on the application by Tsvangirai.
Madhuku said the application and order had cited Biti, Mangoma, Holland and Nkomo in their personal capacities.
"The MDC as a party is not bound by the order. This is because the MDC is not Biti or Mangoma or Nkomo or Holland or the four put together. Clearly, the MDC does not claim anything through any of its members or officials. It can never be suggested that MDC acts on the instructions of Biti, Mangoma, Nkomo and Holland," he said.
"The resolutions of April 26 2014 were made by the MDC by its duly constituted National Council. To stop the MDC, there ought to be a specific order against the MDC".
He disputed reports that Zhou had nullified or suspended the resolutions of Mandel Training Centre.
"On the contrary, the Judge rejected a specific request to do so. When facts are given the High court will be told that none of the four Respondents has any power to alter, suspend, stay or order any other person to alter, suspend or stay the resolutions of April 24 2014".
Madhuku said according to the MDC-T constitution a Tribunal becomes an independent body.
"No official of the MDC may give it instructions (and) an independent tribunal set up in terms of the MDC Constitution cannot be 'any person claiming through them or acting on their instruction' within the contemplation of the provisional order"
In a letter clarifying the "legal" position regarding the urgent chamber application and the subsequent order by Justice Happious Zhou, that;
"..pending the determination of this matter ..the respondents or any other claiming through them or acting on their instruction be and are hereby interdicted from proceeding with any disciplinary proceedings against the third applicant or any office bearer of the 2nd respondent on June 27 2014 or some other day pursuant to resolutions of a meeting held at Mandel Training Centre on April 26 2014".
The applicants, Thamsanqa Mahlangu, the MDC-T and Lovemore Moyo (national chairperson) wanted an order, stopping implementation of all resolutions of April 26 2014 at Mandel Training centre, any disciplinary proceedings against any office bearer of the '2nd Respondent' pursuant to the resolutions and nullifying any disciplinary proceedings already completed by the time of the interim order.
"… Any disciplinary proceedings already completed by the time of the interim order are not in issue. The signed order only became available after 1230hrs on June 27 2014," said Madhuku.
The tribunal sat on Friday, at the same time Zhou was making considerations on the application by Tsvangirai.
Madhuku said the application and order had cited Biti, Mangoma, Holland and Nkomo in their personal capacities.
"The MDC as a party is not bound by the order. This is because the MDC is not Biti or Mangoma or Nkomo or Holland or the four put together. Clearly, the MDC does not claim anything through any of its members or officials. It can never be suggested that MDC acts on the instructions of Biti, Mangoma, Nkomo and Holland," he said.
"The resolutions of April 26 2014 were made by the MDC by its duly constituted National Council. To stop the MDC, there ought to be a specific order against the MDC".
He disputed reports that Zhou had nullified or suspended the resolutions of Mandel Training Centre.
"On the contrary, the Judge rejected a specific request to do so. When facts are given the High court will be told that none of the four Respondents has any power to alter, suspend, stay or order any other person to alter, suspend or stay the resolutions of April 24 2014".
Madhuku said according to the MDC-T constitution a Tribunal becomes an independent body.
"No official of the MDC may give it instructions (and) an independent tribunal set up in terms of the MDC Constitution cannot be 'any person claiming through them or acting on their instruction' within the contemplation of the provisional order"
Source - Zim Mail
