Prof Mutambara must be stopped - Court told

PROFESSOR Arthur Oliver Guseni Mutambara must be stopped from masquerading as the leader of the Movement for Democratic Change because he has no legal right to do so, a senior legal counsel told the High Court today.

Making submissions before Justice Lawrence Kamocha on the application for confirmation of an interim relief barring Prof Mutambara from acting up as the MDC president, Advocate Adrian De-Bourbone representing the MDC, said Prof Mutambara is the author of his political woes because he did not participate in the elections that chose the MDC leader.

Justice Kamocha postponed the matter sine dire (indefinitely). He argued:

"He can't procedurally and unlawfully do what he wants to do. He has no rights. The issue here my Lordship is : Prof Mutambara did not stand for election into that office (MDC presidency) , someone else did (Prof Welshman Ncube) and that someone won that position," argued the renowned advocate.

He added that: "As clear as this matter is, My Lordship, Mutambara must be stopped from doing whatever he wants in the name of the MDC because he does not have any legal or other authority to stand for it. He voluntary chose not to contest elections that legitimized the leader of the MDC," he said.

Further Adv. Debobourne argued that Prof Mutambara did "not sign the GPA as a principal" but singed it as a representative of the MDC delegated to do that task.

The court was further told that at the time of signing the GPA , only "legal persons" (that is the two MDC formations and Zanu PF) were the "principals" and Prof Mutambara, President Robert Mugabe and Prime Minister Mr Morgan Tsvangirai were "natural persons" delegated to stand on behalf of their parties.

The power wrangle between Prof Mutambara and Prof Ncube over the leadership of the MDC started soon after the 7-9 January 2011, in which Prof Mutambara was not nominated and also chose not to contest the elections.

After that, Prof Mutambara and other 13 members of the MDC, approached the High Court of Harare seeking an order nullifying the Congress results arguing that procedures at the congress were not properly followed. The matter is yet to be concluded.

Thereafter, Prof Ncube dragged Prof Mutambara to the High Court of Bulawayo on an urgent basis seeking an order barring Prof Mutambara from masquerading as the leader of MDC.

The order was granted on an interim basis and is yet to be confirmed. If confirmed Prof Mutambara will have to exit the office of the Deputy Prime Minister of the Republic of Zimbabwe and make way for his nemesis – Prof Ncube.

Aleck Muchadehama represented Prof Mutambara.