MDC Alliance president Douglas Mwonzora’s “unanimous” nomination as party president could be short-lived as one of his allies has approached the High Court challenging his nomination.
MDC Alliance secretary for programs and business Norest
Marara said Mwonzora’s nomination by the party’s national council last month
was unlawful.
Mwonzora was nominated as the sole presidential candidate
ahead of the party’s elective congress slated for December 18 after elbowing
out other contestants.
Marara and party national chairperson Morgen Komichi were
some of the presidential hopefuls.
In his urgent court application dated December 1, Marara
accused Mwonzora of flouting the party's constitutional processes to have
himself endorsed as the sole presidential candidate.
“The elective congress has now been set to rubber-stamp the
purported election of the second respondent,” Marara submitted through his
lawyers Mangezi Nleya and Partners.
He cited the MDC, Mwonzora, Komichi, Paurina Mpariwa, Chief
Ndlovu, Vincent Tsvangirai, Julius Musevenzi, and Johnson Chawatama as
respondents respectively.
“Now that the national council has unlawfully endorsed and
imposed the second respondent the outcome of the congress is a foregone
conclusion,” Marara argued.
“The second respondent has manipulated the electoral
process in order to ward off competition.”
Mwonzora seized control of the MDC Alliance from Citizens
Coalition for Change (CCC) leader Nelson Chamisa, and went on to claim all MDC
names and emblems.
He had also outfoxed his former close ally and then acting
party president Thokozani Khupe at the party’s extra-ordinary congress in
December 2020 to claim the presidency.
Khupe accused Mwonzora of widespread rigging.
Mwonzora went on to expel Khupe from the party in Janaury
this year.
Mwonzora also recalled a number of legislators and
councilors who contested the 2018 elections under the MDC Alliance banner after
they crossed the floor to the CCC.
Marara said his right to contest for the party presidency
was under threat as he pleaded for a ruling overturning Mwonzora’s nomination.
“Applicant’s right
to participate in the election is under serious threat.
“The harm to the applicant will be irreversible,” he
submitted.
“Elections have cycles, and once a cycle goes by
circumstances become irreversible.
“Once endorsed at congress as is intended, the second
respondent will become party’s candidate for 2023 elections”.
“There is no other remedy which can afford applicants
similar relief. The respondents are determined to exclude him from contesting
in the election.
“There is no other way he can exercise his right to
participate in the forthcoming election except with the intervention of the
court.
“The congress is a few days away and if the court doesn’t
intervene urgently, the applicant will be excluded from the electoral process,”
he added.
In a certificate of urgency, his lawyer Cecil Mutsvandiani registered with
Shava Law Chambers said his client may suffer irreparable harm if the courts do
not intervene.
“No doubt the country has entered the electoral season.
“But these seasons come and go and once gone they can’t be
recovered,” Mutsvandiani said.
“Whoever wishes to contest elections can only assert their
rights before the election.
“Once the elections are done they become water under the
bridge.”
The matter has not been set down for a hearing. Standard
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