THE MDC-T has filed papers opposing an application filed by
MDC Alliance legislators challenging their recall.
The Thokozani Khupe-led party, in papers filed by Douglas
Mwonzora as secretary-general, argued that the MDC Alliance was never a
political party, but a faction of the party left by the late Morgan Tsvangirai.
It follows, therefore, that the 2019 MDC Alliance Gweru
congress that ushered in new leadership was a legal nullity.
The MDC Alliance last week filed a High Court application
opposing the recall by Mwonzora of its secretary-general Chalton Hwende and
three other legislators, Lillian Timveous, Prosper Mutseyami and Tabitha
Khumalo.
Through his lawyers Chatsanga and Partners, Mwonzora said
he was the bona fide secretary-general of the MDC-T and Hwende should not act
as such.
He said the MDC Alliance was only a faction of the MDC-T,
which split into two following the death of Tsvangirai in February 2018.
Mwonzora is the first respondent, while Khupe, the MDC-T,
Speaker of the National Assembly Advocate Jacob Mudenda were mentioned as the second,
third and fourth respondents, respectively.
The MDC Alliance, its national deputy organising secretary Happymore Chidziva and
Wellington Mariga were mentioned as applicants in the matter.
Mwonzora said it was unfair to have the matter sat for before
the expiry of the respondents to file opposing papers.
“This application gives all the respondents, including
myself, 10 days within which to file opposing papers. Yet the applicants have
proceeded to have this matter set down before the expiry of that period. This,
I believe, is not only improper, but very unfair as well,” he argued.
He said the certificate of urgency was based on an
application for review that does not exist.
“I believe a certificate of urgency based on a falsehood is
fatally defective.”
Mwonzora said Hwende had not proven how he was, indeed, in
such a position.
“It is denied that the said Chalton Hwende is the
secretary-general of the applicant. He has not told this court how he came into
being as the secretary-general of the applicant. He has not shown that he has
any authority whatsoever to act for and on behalf of the applicant as he has
not attached any proof of authority to represent the applicant at all.
“I will demonstrate that at the material times, the said
Chalton Hwende did not seek the office of the first applicant. To the contrary,
he sought and temporarily got office from me as secretary. However, the
situation has now changed.”
“It is denied that the MDC Alliance ever held a congress
anywhere in Zimbabwe. It was the faction of the MDC-T led by Nelson Chamisa
that held a congress in Gweru,” Mwonzora said and attached the notice of the
said congress that brought together most of the MDC Alliance leadership under
one party.
Mwonzora contested for the post of secretary-general and
lost to Hwende during the 2019 congress, but in his opposing papers, he denied
participating in any MDC Alliance congress.
“By virtue of the judgment of Justice (Edith) Mushore as
well as the judgment by the Supreme Court, the actions by Nelson Chamisa in his
capacity as president of the MDC-T were nullified. I never contested in the MDC
Alliance congress led by Nelson Chamisa. Fortunately, the judgment was upheld
by the Supreme Court,” he said.
Mwonzora said the Bulawayo congress by the MDC-T, another
faction of the opposition movement, was also a legal nullity following the
Supreme Court ruling.
Chamisa and Khupe are fighting for the control of
Zimbabwe’s mainstream opposition party.
Mwonzora said the legislators were fired for insisting that
they belonged to the MDC Alliance.
In his papers filed last week, Hwende said since their
election in 2018, they had been treated in Parliament as members of the MDC
Alliance and they were surprised why they were now being referred to as MDC-T
members.
“Our party, the MDC Alliance fielded candidates in
constituencies for election as Members of Parliament in terms of section 46 of
the Electoral Act [Chapter 2:13],” he said.
“In our case, our forms were filed and signed for as is
required by the law. At all material times, we were MDC Alliance. In all our
communication with the Zimbabwe Electoral Commission, we were MDC Alliance. We
registered election agents through the MDC Alliance. They were accredited for
as MDC Alliance. At no stage were we ever anything other than the MDC
Alliance.”
The legislators said Mudenda and Senate president Mabel
Chinomona acted illegally by apportioning themselves powers of the courts.
Meanwhile, the High Court yesterday postponed the hearing
of a matter filed by Timveous challenging her dismissal from Parliament.
The matter was moved to tomorrow after the MDC Alliance and
MDC-T consented to the postponement.
Timveous cited Senate president, Parliament of Zimbabwe,
Mwonzora, Khupe and the MDC-T as respondents.
Mwonzora’s arguments will be heard tomorrow. Newsday
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