News / National
'High Court has no jurisdiction over Mutasa, Gumbo expulsion case,' says Mugabe
31 Mar 2015 at 07:31hrs | Views
ZANU-PF leader President Robert Mugabe has filed his opposing affidavit to the court challenge filed by former secretary for administration Didymus Mutasa and ex-spokesperson Rugare Gumbo, saying the duo had no locus standi to challenge their expulsion from the ruling party as they were no longer bona fide members.
In papers filed on his behalf by Vice-President Emmerson Mnangagwa on March 18, Mugabe said Gumbo and Mutasa should have exhausted internal remedies to contest their expulsion before taking the matter to the High Court if they respected the party's constitution as they so claimed.
Mutasa and Gumbo approached the High Court last month seeking an order compelling Mugabe to reverse their expulsion and the outcome of the party's December congress.
The pair claimed that the congress was held in violation of the party's constitution.
"The fact that they are not members of the first respondent (Zanu-PF) immediately remove their rights as members of the first respondent as enshrined in clause 17 of the former Constitution or clause 20 of the new Constitution," Mugabe said.
Mugabe also said Mutasa and Gumbo have no locus standi to represent "unnamed" people "they allegedly seek an order on behalf of".
He also said the High Court did not have the jurisdiction to hear the matter before it is set for by Zanu-PF as required by the party's constitution.
"As the applicants themselves concede they did not file the application within the prescribed eight weeks, the application is not properly before the court unless and until a proper application for condonation has been made and granted," Mugabe argued.
The Zanu-PF leader accused Mutasa and Gumbo of failing to even engage the central committee to register their grievances.
In papers filed on his behalf by Vice-President Emmerson Mnangagwa on March 18, Mugabe said Gumbo and Mutasa should have exhausted internal remedies to contest their expulsion before taking the matter to the High Court if they respected the party's constitution as they so claimed.
Mutasa and Gumbo approached the High Court last month seeking an order compelling Mugabe to reverse their expulsion and the outcome of the party's December congress.
The pair claimed that the congress was held in violation of the party's constitution.
Mugabe also said Mutasa and Gumbo have no locus standi to represent "unnamed" people "they allegedly seek an order on behalf of".
He also said the High Court did not have the jurisdiction to hear the matter before it is set for by Zanu-PF as required by the party's constitution.
"As the applicants themselves concede they did not file the application within the prescribed eight weeks, the application is not properly before the court unless and until a proper application for condonation has been made and granted," Mugabe argued.
The Zanu-PF leader accused Mutasa and Gumbo of failing to even engage the central committee to register their grievances.
Source - newsday