News / National
Mutambara, Ncube long-running legal wrangle continues
26 Mar 2013 at 08:45hrs | Views
Prof Welshman Ncube with a team of Lawyers at the Supreme court in Byo
DEPUTY Prime Minister Arthur Mutambara was yesterday given another lease of political life after the Supreme Court indefinitely postponed judgment in his appeal against an order declaring him an illegitimate leader of the MDC.
Two years ago, Bulawayo High Court judge Justice Lawrence Kamocha declared Mutambara an illegitimate MDC leader, in an order which was meant to put an end to the long-running legal wrangle over control of the party between him and his predecessor Welshman Ncube.
Justice Kamocha's order was to stand pending the outcome of a Harare case in which Joubert Mudzumwe and 13 others were challenging Ncube's ascendancy to the party's helm at a congress held in January 2011.
Mutambara appealed against the order and the matter was heard yesterday by Chief Justice Godfrey Chidyausiku sitting as a panel with Justice Vernanda Ziyambi and High Court judge Justice Martin Makonese.
Judgment was postponed indefinitely after the judges heard arguments from Advocate Adrian de Bourbon instructed by Josphat Tshuma for Ncube and Advocate Lewis Uriri instructed by Alec Muchadehama for Mutambara.
Ncube's camp wanted the appeal to be thrown out, arguing that it had not been properly brought before the Supreme Court as Mutambara did not seek leave to appeal from the judge.
However, Mutambara's lawyers argued that the matter did not need a leave to appeal because Justice Kamocha had given a final order.
They said the appeal should be upheld and a declaration be made so that Ncube and Mutambara would know their positions.
The wrangle followed an application by MDC secretary-general Priscilla Misihairabwi-Mushonga seeking to bar Mutambara from "masquerading" as party president or as one of the coalition government's three principals.
Justice Kamocha ordered the robotics professor to stop acting as a principal in the inclusive government and as MDC president in any fora in the country or internationally.
He also ordered him to pay the costs of the lawsuit.
In January 2011, Ncube took over from Mutambara as party leader at a congress held at City Sports Centre in Harare.
Mutambara initially endorsed Ncube's ascendancy in a speech he gave at the congress.
He made a U-turn after he was asked to step down as Deputy Prime Minister and make way for the new party leader.
Two years ago, Bulawayo High Court judge Justice Lawrence Kamocha declared Mutambara an illegitimate MDC leader, in an order which was meant to put an end to the long-running legal wrangle over control of the party between him and his predecessor Welshman Ncube.
Justice Kamocha's order was to stand pending the outcome of a Harare case in which Joubert Mudzumwe and 13 others were challenging Ncube's ascendancy to the party's helm at a congress held in January 2011.
Mutambara appealed against the order and the matter was heard yesterday by Chief Justice Godfrey Chidyausiku sitting as a panel with Justice Vernanda Ziyambi and High Court judge Justice Martin Makonese.
Judgment was postponed indefinitely after the judges heard arguments from Advocate Adrian de Bourbon instructed by Josphat Tshuma for Ncube and Advocate Lewis Uriri instructed by Alec Muchadehama for Mutambara.
Ncube's camp wanted the appeal to be thrown out, arguing that it had not been properly brought before the Supreme Court as Mutambara did not seek leave to appeal from the judge.
However, Mutambara's lawyers argued that the matter did not need a leave to appeal because Justice Kamocha had given a final order.
The wrangle followed an application by MDC secretary-general Priscilla Misihairabwi-Mushonga seeking to bar Mutambara from "masquerading" as party president or as one of the coalition government's three principals.
Justice Kamocha ordered the robotics professor to stop acting as a principal in the inclusive government and as MDC president in any fora in the country or internationally.
He also ordered him to pay the costs of the lawsuit.
In January 2011, Ncube took over from Mutambara as party leader at a congress held at City Sports Centre in Harare.
Mutambara initially endorsed Ncube's ascendancy in a speech he gave at the congress.
He made a U-turn after he was asked to step down as Deputy Prime Minister and make way for the new party leader.
Source - NewsDay
