News / National
Ex-MDC officials in Supreme Court appeal U-turn
03 Sep 2013 at 04:20hrs | Views
THE 13 former members of MDC who were challenging Professor Welshman Ncube's ascendancy to the presidency of the party have withdrawn their case.
The 13, who are aligned to former Deputy Prime Minister Professor Arthur Mutambara, had filed an appeal at the Supreme Court against a High Court ruling which confirmed Prof Ncube as MDC president last year.
Chief Justice Godfrey Chidyausiku, sitting with judge of appeal Justice Vernanda Ziyambi and acting judge of appeal Justice Martin Makonese were supposed to hear the case at the Supreme Court in Bulawayo yesterday but the case was removed from the roll following the withdrawal by the appellants.
Prof Mutambara withdrew his appeal last week prompting former MDC chairman Mr Jourbert Mudzumwe and 12 others to withdraw their case on the grounds that it had been overtaken by events.
The other 12 were Mr Constantine Chipadza, Mr Morgan Changamire, Mr Godfrey Gumbo, Ms Tsitsi Dangarembga, Ms Rosemary White, Mr Mika Chikivau, Mr Charles Manyoro, Mr Shepherd Ndlovu, Mr Peter Kafuma, Mr Suman Tabu, Mr Tapiwa Rukovo and Mr Sami Chakanyuka.
They were contesting last year's dismissal of their application to the High Court challenging Prof Ncube's ascendancy to the presidency, which was dismissed by High Court judge Justice Bharat Patel.
Mr Mudzumwe and his group had wanted the Supreme Court to declare null and void the outcome of the congress which elected Prof Ncube to president of MDC in 2011.
The legal battle between the two professors started in 2011 after the MDC congress when Prof Mutambara challenged the election of Prof Ncube as president.
He together with the other 13 contested the legitimacy of the party structures which emerged from the congress.
Justice Nicholas Mathonsi last year barred Prof Mutambara from conducting business on behalf of the MDC or to present himself as president or principal of the party.
Mr Mudzumwe and his group were being represented by Mbidzo, Muchadehama and Makoni Legal Practitioners.
The 13, who are aligned to former Deputy Prime Minister Professor Arthur Mutambara, had filed an appeal at the Supreme Court against a High Court ruling which confirmed Prof Ncube as MDC president last year.
Chief Justice Godfrey Chidyausiku, sitting with judge of appeal Justice Vernanda Ziyambi and acting judge of appeal Justice Martin Makonese were supposed to hear the case at the Supreme Court in Bulawayo yesterday but the case was removed from the roll following the withdrawal by the appellants.
Prof Mutambara withdrew his appeal last week prompting former MDC chairman Mr Jourbert Mudzumwe and 12 others to withdraw their case on the grounds that it had been overtaken by events.
The other 12 were Mr Constantine Chipadza, Mr Morgan Changamire, Mr Godfrey Gumbo, Ms Tsitsi Dangarembga, Ms Rosemary White, Mr Mika Chikivau, Mr Charles Manyoro, Mr Shepherd Ndlovu, Mr Peter Kafuma, Mr Suman Tabu, Mr Tapiwa Rukovo and Mr Sami Chakanyuka.
Mr Mudzumwe and his group had wanted the Supreme Court to declare null and void the outcome of the congress which elected Prof Ncube to president of MDC in 2011.
The legal battle between the two professors started in 2011 after the MDC congress when Prof Mutambara challenged the election of Prof Ncube as president.
He together with the other 13 contested the legitimacy of the party structures which emerged from the congress.
Justice Nicholas Mathonsi last year barred Prof Mutambara from conducting business on behalf of the MDC or to present himself as president or principal of the party.
Mr Mudzumwe and his group were being represented by Mbidzo, Muchadehama and Makoni Legal Practitioners.
Source - chronicle
