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Bhebhe fights expulsion from MDC-T at High Court
21 Nov 2020 at 22:35hrs | Views
MDC-T acting national organising secretary Abednico Bhebhe has approached the High Court seeking a review of his expulsion from his party position last week by the national council.
MDC-T interim president Thokozani Khupe suspended Bhebhe from his position on 29 October before he was expelled by the national council last Saturday.
Bhebhe was, however, allowed to remain an ordinary party card-carrying member.
The former Nkayi legislator contested in the Bulawayo extraordinary congress provincial nomination before he was eventually expelled from the party on Saturday over allegations of "grossly violating the constitution of the party by supporting another political party other than the MDC-T".
In his court papers, Bhebhe said: "I aver and submit that my suspension from the position of national organising secretary of the party by the 1st respondent (Khupe) via a letter of suspension is ultra vires Sections 9.2.3 as read with Section 7 :14.
"The Disciplinary Code of Conduct and Regulations of the Constitution of 3rd respondent in that it does not specify clearly the grounds of suspension and fails to define and identify the breach or offence that I am accused of having committed."
Bhebhe said his suspension also violated Section 68 of the country's Constitution.
"Furthermore, the above conduct violates Section 68 of the Constitution of Zimbabwe as read with Section 3(1) as read with Section 2 of the Administrative Justice Act Chapter 10:28 which places a duty on 1st respondent to follow the tenets of natural Justice including the rule requiring that I be given adequate notice of the case that I have to answer,"
"On the whole, there was gross irregularity in the manner in which my suspension was carried out. In any event, this sad turn of events has led me to seek relief before this court.
"The suspension of the applicant from his position as the national organising secretary on the 3rd respondent by the 1st respondent via a letter dated 29 October 2020 be is hereby reviewed, declared to be unlawful and is set-aside," Bhebhe further submitted.
Khupe is cited as the first respondent while the party's national chairperson Morgen Komichi and the MDC-T are cited as second and third respondents respectively.
The respondents are yet to file their opposing papers.
MDC-T interim president Thokozani Khupe suspended Bhebhe from his position on 29 October before he was expelled by the national council last Saturday.
Bhebhe was, however, allowed to remain an ordinary party card-carrying member.
The former Nkayi legislator contested in the Bulawayo extraordinary congress provincial nomination before he was eventually expelled from the party on Saturday over allegations of "grossly violating the constitution of the party by supporting another political party other than the MDC-T".
In his court papers, Bhebhe said: "I aver and submit that my suspension from the position of national organising secretary of the party by the 1st respondent (Khupe) via a letter of suspension is ultra vires Sections 9.2.3 as read with Section 7 :14.
"The Disciplinary Code of Conduct and Regulations of the Constitution of 3rd respondent in that it does not specify clearly the grounds of suspension and fails to define and identify the breach or offence that I am accused of having committed."
Bhebhe said his suspension also violated Section 68 of the country's Constitution.
"Furthermore, the above conduct violates Section 68 of the Constitution of Zimbabwe as read with Section 3(1) as read with Section 2 of the Administrative Justice Act Chapter 10:28 which places a duty on 1st respondent to follow the tenets of natural Justice including the rule requiring that I be given adequate notice of the case that I have to answer,"
"On the whole, there was gross irregularity in the manner in which my suspension was carried out. In any event, this sad turn of events has led me to seek relief before this court.
"The suspension of the applicant from his position as the national organising secretary on the 3rd respondent by the 1st respondent via a letter dated 29 October 2020 be is hereby reviewed, declared to be unlawful and is set-aside," Bhebhe further submitted.
Khupe is cited as the first respondent while the party's national chairperson Morgen Komichi and the MDC-T are cited as second and third respondents respectively.
The respondents are yet to file their opposing papers.
Source - newzimbabwe
