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Tendai Biti dressed down at Supreme Court

by Daniel Nemukuyu
18 Jul 2015 at 13:12hrs | Views
FORMER MDC-T secretary-general and MDC Renewal team leader Mr Tendai Biti, who is also a prominent lawyer, yesterday walked out of the Supreme Court with his tail between his legs after being censured for using intemperate language in the highest court of the land.

The former Harare East legislator, who was recalled from Parliament after leaving MDC-T, had to apologise for using inappropriate language.

Chief Justice Godfrey Chidyausiku dressed down Mr Biti while he was representing expelled former zanu-pf Politburo member Mr Kudakwashe Bhasikiti.

Mr Bhasikiti, who was Mwenezi East legislator, was battling to reclaim his National Assembly seat.

The lawyer incensed the Supreme Court after repeatedly describing High Court judge Justice Chinembiri Bhunu as being "wrong" in dismissing Mr Bhasikiti's review application against expulsion from the party.

The Chief Justice fumed saying the word "wrong" was too strong when referring to a court and the language was not expected of a senior lawyer of Mr Biti's calibre.

"You need to make a distinction when addressing the court as opposed to your political opponents. I do not expect that from you. You do not say the judge is WRONG.

"That is disrespectful. Where did you get such kind of language, you being a senior lawyer?"

Mr Biti had to apologise to the court.

The court later dismissed the appeal for lack of merit, a development that prompted Mr Bhasikiti to chicken out and withdraw a constitutional challenge in which he sought nullification of President Mugabe's proclamation of by-election in Mwenezi East.

Before dismissing the appeal, the Judiciary boss accused Mr Biti of misleading the High Court by disguising a court application for review as a constitutional challenge.

"Your papers do not show that your application was a constitutional one. In fact you are the one who misled the court. Your application is headed 'Court application for Review' and the grounds were mere common law grounds.

"Why did you not state that it was a constitutional application?"

The dismissal of the appeal brought finality to Mr Bhasikiti's spirited efforts to quash his expulsion from Zanu-PF and to reclaim his National Assembly seat.


Source - the herald
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