Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
EXPELLED MDC-T national organising secretary, Mr Abednico Bhebhe has approached the High Court on an urgent basis seeking to block the opposition party from going ahead with its extraordinary congress slated for Saturday in Harare.
Mr Bhebhe was suspended and later fired by MDC-T’s acting president Dr Thokozani Khupe who accused him of “acting in breach of the party’s constitution.
He is challenging both his suspension and expulsion from the party.
Mr Bhebhe had announced his intention to run for the presidency at the party’s belated extraordinary congress. Dr Khupe, together with the party’s secretary-general Mr Douglas Mwonzora, Senators Morgan Komichi and Elias Mudzuri, are vying for the presidency to replace the late leader, Mr Morgan Tsvangirai.
Mr Bhebhe through his lawyers, Ncube Attorneys, has filed an urgent chamber application at the Bulawayo High Court citing Dr Khupe, the party’s chairperson Mr Morgan Komichi and MDC-T party as respondents.
He wants an order interdicting the respondents from convening the congress pending the determination of his suspension case and the expulsion.
In his founding affidavit, Mr Bhebhe argues that it is illegal for MDC-T to proceed with the congress on the basis of illegalities emanating from his suspension and expulsion from the party. “It became necessary for me to seek to review both my suspension and my expulsion. Thus, on December 10, 2020 under cover of HC 2119/20, I applied to have both my suspension and subsequent expulsion without my having been heard reviewed and set aside,” he said.
Mr Bhebhe wants the court to first determine the legality of his expulsion before MDC-T holds the extraordinary congress.
“MDC-T’s congress is thus proceeding on the basis of antecedent illegalities such that should such congress be successfully held in the circumstances, it would herald the success of illegalities. It is necessary that pending the determination of applicant’s application for a review filed under case numbers 1973/20 and 2119/20, the respondents be interdicted from proceeding to convene the congress to elect its president on December 19, 2020,” he said
Mr Bhebhe said he wrote to Dr Khupe on November 4, 2020, asking for his suspension to be lifted due to some irregularities.
Mr Mwonzora on Monday announced that his party will hold its congress on Saturday in Harare with 3 000 delegates expected to attend the event despite the risks of Covid-19 pandemic.
The Supreme Court declared Dr Khupe the legitimate acting leader of the opposition and that the party should go back to its 2014 structures before calling for a congress in 90 days.
The judgment settled the leadership wrangle between Mr Nelson Chamisa, who led a grouping of political parties calling itself the MDC-Alliance in the 2018 harmonised elections and Dr Khupe. — @mashnets
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