Sibangilizwe Nkomo's ZAPU Presidency settled in court

In a significant legal ruling, the Bulawayo High Court has upheld Sibangilizwe Nkomo's nomination and election as the president of ZAPU during its 2021 elective congress. The decision, delivered by Justice Bongani Ndlovu, dismissed a challenge by five former party members, known as the "Mat South Five," who had questioned Nkomo's eligibility to run for the party's top post.

The plaintiffs - Mathew Sibanda, Echem Nkala, Gedion Dlamini, Earnest Ndlovu, and Mildred Mkandla - sought to nullify Nkomo's election, alleging he had not met the party's requirement of five consecutive years of membership. They also contested the constitutionality of Section 8:19 of ZAPU's constitution, which requires members to seek approval from the National Executive Committee (NEC) before taking legal action.

Key Issues Addressed

Justice Ndlovu addressed four primary issues during the trial:

1. Nkomo's Membership Status: The court found that Nkomo had been a ZAPU member since 2010 and that his membership had not lapsed due to non-payment of fees. The party's constitution did not explicitly state that failing to pay subscriptions automatically terminated membership.

2. Eligibility to Contest for Presidency: The court ruled that since Nkomo's membership was continuous, he was eligible to run for the presidency.

3. Constitutionality of Section 8:19: Justice Ndlovu upheld the clause, finding it did not infringe on members' constitutional rights but required them to exhaust internal remedies before seeking legal recourse.

4. Exhaustion of Internal Remedies: The court found the plaintiffs had not fully complied with Section 8:19 before approaching the courts, although it acknowledged delays by the NEC in addressing grievances.

Court's Findings

The court noted inconsistencies in the plaintiffs' testimonies, particularly regarding their claims about Nkomo's membership. Justice Ndlovu stated the plaintiffs had failed to produce evidence from the Mahetshe Branch register to support their assertions.

The judge also clarified that Mahetshe Branch, where Nkomo was registered, falls under Matobo North, countering claims that it was in a different jurisdiction.

Justice Ndlovu emphasised that concerns about Nkomo's leadership and the party's direction should be resolved within ZAPU's internal structures rather than in court.

A Balanced Ruling

While dismissing the plaintiffs' case, the court opted not to impose costs on them, citing the frustrations they faced due to the NEC's unresponsiveness.

"The plaintiffs were compelled to approach the court due to the unresponsiveness of ZAPU's leadership," Justice Ndlovu noted. "However, courts remain reluctant to close their doors to those aggrieved."

Implications for ZAPU

The ruling reinforces Nkomo's position as ZAPU president and highlights the importance of adhering to party constitutions and internal processes. It also underscores the judiciary's role in ensuring procedural fairness while respecting the autonomy of political party structures.

Nkomo, the son of the late national hero and ZAPU founder Joshua Nkomo, has faced criticism from some quarters about his leadership. However, the court's decision affirms his legitimacy as the party's leader as he continues to navigate the challenges of revitalising ZAPU's political fortunes.