Bulawayo High Court judge Justice Lawrence Kamocha on Wednesday indefinitely reserved his ruling in an application for the confirmation of a provisional order barring Deputy Prime Minister (DPM) Arthur Mutambara from acting as MDC leader.
Justice Kamocha reserved his judgment soon after hearing arguments from the MDC lawyer Advocate Adrian De Bourbon now based in South Africa, and Harare lawyer Aleck Muchadehama appearing for Mutambara.
In his argument, De Bourbon said the court should confirm the provisional order because Mutambara’s actions were causing harm to the MDC and its structures while Muchadehama said Mutambara had not done anything against the interests of the party or its members warranting confirmation of the provisional order.
On February 16, Bulawayo High Court judge Justice Nicholas Ndou granted MDC a provisional order interdicting Mutambara from “purporting to be president” of the MDC.
Mutambara was further interdicted from exercising any function vested in the president of the MDC. He was also barred from interfering with the structure and organs of the party.
The MDC, and its secretary-general Priscilla Misihairabwi-Mushonga made the court application while Mutambara was cited as respondent.
The MDC through De Bourbon, also wanted the final order to direct Mutambara to stop acting as a principal to the Global Political Agreement (GPA) and argued that the word “principal” was a term referring to the three presidents of the three parties in the GPA.
They argued Mutambara could not continue acting in that capacity as he was not a president of any party in the coalition government.
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However, Mutambara refuted the MDC assertion and argued that the issue was not part of the interim relief, which MDC was granted in February.
He said the term principal emanated from the GPA and that was why he continued to act as principal in the presence of the provisional order.
Mutambara said even if he was to be barred from being MDC president, he was going to continue to act as the principal and DPM of the country.
