The MDC faction aligned to Deputy Prime Minister Arthur Mutambara yesterday filed a notice of appeal against Tuesday’s High Court judgment confirming Industry and Commerce minister Welshman Ncube’s election as party leader.
High Court judge Justice Bharat Patel had dismissed an application by Joubert Mudzumwe challenging Ncube’s ascendancy to the top post at the party’s congress last year.
But lawyers representing Mudzumwe — Mbidzo, Muchadehama & Makoni — filed a notice of appeal at the Supreme Court saying Justice Patel misdirected himself when he made the ruling.
They argued that the ruling was based on a misinterpretation of the MDC constitution.
“The learned High Court judge misdirected himself, such misdirection amounting to a misdirection of law in his interpretation of the 1st respondent (MDC)’s constitution,” reads part of the notice.
“The learned judge erred in holding that 2nd respondent had complied with the mandatory provision of the 1st respondent’s constitution.
“The High Court misdirected itself in that proper elections were held. It is also submitted that in any event the elections were presided over by a person who was not constitutionally authorised to do so, thus making the elections outcome null and void.”
Mudzumwe’s group wanted the Supreme Court to declare “null and void” the outcome of the congress. An appeal automatically suspends Justice Patel’s ruling. The group also has another appeal pending in the Supreme Court after the Bulawayo High Court early this year ordered Mutambara to stop masquerading as the MDC leader and principal in the inclusive government.
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MDC wants Mutambara to make way for Ncube in the inclusive government as DPM.
The robotic professor has refused to vacate his position and has received backing from President Robert Mugabe and Prime Minister Morgan Tsvangirai. Meanwhile, the MDC yesterday said it would not expel the four MPs and a senator who have aligned themselves with Mutambara, saying their fate would be decided by the electorate.
