News / National
Welshman Ncube, Mutambara face off
16 Nov 2011 at 08:07hrs | Views
BULAWAYO High Court Judge Justice Lawrence Kamocha is today expected to hear an application for the confirmation of a provisional order granted against Professor Arthur Mutambara interdicting him from purporting to be the president of the MDC.
On February 16 this year, senior Bulawayo High Court judge Justice Nicholas Ndou granted MDC, first applicant and Mrs Priscilla Misihairabwi-Mushonga, second applicant, a provincial order interdicting Prof Mutambara from purporting to be the MDC leader.
Prof Mutambara, who is Deputy Prime Minister in the inclusive Government, was further interdicted from exercising any function vested in the president of the MDC.
He was further interdicted from in anyway interfering with the structures and organs of the party.
However, the interdict only stopped him from acting as MDC president and not as a principal to the Global Political Agreement or as Deputy Prime Minister.
Now, the applicants want the provisional order confirmed to read that pending the finalisation of a case filed in the High Court in Harare, Prof Mutambara be declared not to be president of the MDC and that he stops anyway from interfering with the structures of the party pending the case under HH 612/11.
The order will stop Prof Mutambara from exercising any function vested in the president of the MDC pending the finalisation of the case.
They also want Prof Mutambara to pay the costs of the lawsuit.
If the court rules against Prof Mutambara, it will make the interdict permanent until the case before the High Court is resolved.
If Prof Mutambara wins, it will mean that he is no longer interdicted from carrying out his duties as MDC president.
Both parties can, however, appeal to the Supreme Court, further prolonging the impasse.
Prof Mutambara filed papers opposing the provisional order and maintained that he is still in charge of the party.
Prof Ncube was elected MDC president at the party's congress in Harare in January this year.
That election was later challenged by a section of the MDC, which argued that the correct process had not been followed.
Prof Mutambara has retained the post of DPM and Prof Ncube could not be sworn in as DPM.
That prompted the Prof Ncube-led MDC formation to file the urgent chamber application.
Prof Mutambara is arguing that the provisional order granted by the High Court is silent on the principal issue, arguing that this means he is the principal in the GPA.
Last Friday, Prof Mutambara could not attend the indaba on political violence because of the interdict as the meeting was for presidents of political parties.
President Mugabe attended in his capacity as First Secretary and President of Zanu-PF, while Prime Minister Morgan Tsvangirai attended as MDC-T leader.
On February 16 this year, senior Bulawayo High Court judge Justice Nicholas Ndou granted MDC, first applicant and Mrs Priscilla Misihairabwi-Mushonga, second applicant, a provincial order interdicting Prof Mutambara from purporting to be the MDC leader.
Prof Mutambara, who is Deputy Prime Minister in the inclusive Government, was further interdicted from exercising any function vested in the president of the MDC.
He was further interdicted from in anyway interfering with the structures and organs of the party.
However, the interdict only stopped him from acting as MDC president and not as a principal to the Global Political Agreement or as Deputy Prime Minister.
Now, the applicants want the provisional order confirmed to read that pending the finalisation of a case filed in the High Court in Harare, Prof Mutambara be declared not to be president of the MDC and that he stops anyway from interfering with the structures of the party pending the case under HH 612/11.
The order will stop Prof Mutambara from exercising any function vested in the president of the MDC pending the finalisation of the case.
They also want Prof Mutambara to pay the costs of the lawsuit.
If the court rules against Prof Mutambara, it will make the interdict permanent until the case before the High Court is resolved.
Both parties can, however, appeal to the Supreme Court, further prolonging the impasse.
Prof Mutambara filed papers opposing the provisional order and maintained that he is still in charge of the party.
Prof Ncube was elected MDC president at the party's congress in Harare in January this year.
That election was later challenged by a section of the MDC, which argued that the correct process had not been followed.
Prof Mutambara has retained the post of DPM and Prof Ncube could not be sworn in as DPM.
That prompted the Prof Ncube-led MDC formation to file the urgent chamber application.
Prof Mutambara is arguing that the provisional order granted by the High Court is silent on the principal issue, arguing that this means he is the principal in the GPA.
Last Friday, Prof Mutambara could not attend the indaba on political violence because of the interdict as the meeting was for presidents of political parties.
President Mugabe attended in his capacity as First Secretary and President of Zanu-PF, while Prime Minister Morgan Tsvangirai attended as MDC-T leader.
Source - TH
