AN MDC official has petitioned the High Court seeking an
order declaring that Nelson Chamisa is not the acting president or president of
the opposition party.
In his founding affidavit filed alongside the court
application on September 24, MDC secretary for Gokwe Sesame district, Elias
Mashavira also said he is seeking another order to direct that an extraordinary
congress be held within 60 days to elect the late Morgan Tsvangirai’s successor
according to the party’s constitution.
In the application through his lawyers, Mutungura and
Partners, Mashavira cited the MDC, Chamisa, vice-president Elias Mudzuri, MDC-T
president Thokozani Khupe, secretary-general Douglas Mwonzora and chairperson
Morgen Komichi as respondents.
Mashavira said he is challenging the decision of the
party’s national executive committee and the national council which purportedly
elected Chamisa and his colleagues into office on the basis that him, being a
congress delegate representing Gokwe Sesame district “was never invited to the
alleged congress held in Bulawayo” early this year.
“The fifth respondent (Mwonzora) as the secretary-general
did not invite delegates neither did he take minutes of the alleged congress.
My province, district, ward and branch were not invited to that congress and as
such in terms of the MDC party constitution, no congress has been held to fill
the vacancy left by the passing on of the president of the MDC party, Morgan
Richard Tsvangirai,” Mashavira said.
“In any event, what was supposed to be held is an
extra-ordinary congress not an ordinary congress.”
According to Mashavira, before Tsvangirai died, he had
unconstitutionally appointed two more deputy presidents — Chamisa and Mudzuri
but was not challenged at the time.
“Upon the death of Tsvangirai, provisions of the party’s
constitution regarding the president’s succession automatically kicked in.
However a dispute erupted between Khupe, Chamisa and Mudzuri,” he said.
Mashavira also said if Khupe is leading an organisation
which has nothing to do with the party, she can be excused from the litigation.
“If the organisation she now leads has nothing to do with
the party formed in 1999 and to which I am a valid member entitled to be called
to congress, then I rest my case against her and I will tender wasted costs for
dragging her to court,” he said.
“But if she is holding herself as the president of the
political party I formed and belong to, such upholding must be set aside on the
following grounds: I am a congress delegate as I represent Gokwe Sesame
district and was never invited to the alleged congress in Bulawayo.”
Mashavira said he is convinced that he has a case against
Chamisa judging by the manner which he was elected into office.
“It is from these grounds that I pray for an order
declaring that the second respondent (Chamisa) is not the acting president nor
president of MDC party and an order calling upon the fifth respondent to
exercise his powers as constituted in Article 9.5.1 of the constitution within
60 days of this order being granted in any event before the expiration of the
limit set in Article 9.2.1 of the MDC party constitution to convene an extra-
ordinary congress to select a president of the party in terms of the constitution,”
he said.
The matter is yet to be set down for hearing. Newsday
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