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Mashudu Netsianda Bulawayo Bureau
MDC-T deputy president Dr Thokozani Khupe, Gweru mayor Councillor Josiah Makombe and Chitungwiza mayor Cllr Lovemore Maiko, have approached the High Court seeking an order barring their party leadership from recalling them from their parliamentary and council seats.
The three, through lawyer Mr Nqobani Sithole of Ncube Attorneys, filed an urgent chamber application at the Bulawayo High Court challenging their imminent recall.
They cited the MDC-T, its president Mr Douglas Mwonzora, party chairperson Mr Morgan Komichi, and party secretary-general Ms Paurina Mupariwa plus in their official capacities the Speaker of the National Assembly Advocate Jacob Mudenda, the Zimbabwe Electoral Commission and Local Government and Public Works Minister July Moyo, as respondents.
In her founding affidavit, Dr Khupe said the resolution by the party’s national council on November 26 to recall them was in violation of the party’s constitution, arguing that it was reached in their absence.
The urgent chamber application sought to interdict the MDC-T, Mr Mwonzora, Mr Komichi and Ms Mupariwa from putting into effect, a decision of the party’s national council taken on November 26, a decision to withdraw the party members and officials serving in rural, urban or provincial councils and in the National Assembly, said Dr Khupe.
She argued that their imminent recall is based on the arbitrarily and spurious suspicion that they are politically consorting with competing political organisations.
“I am regarded as a threat to the second respondent’s (Mr Mwonzora) presidential position in the party.
“It was particularly alleged that I was at the head of those that were sympathetic to our political nemesis, Zanu PF, yet others were politically consorting with a competing political party, the Movement for Democratic Change Alliance,” said Dr Khupe.
The meeting was chaired by Ms Mupariwa, and Dr Khupe said it degenerated into a slanging match and our names as applicants among others, were shouted out from the floor as the names of persons that should be recalled.”
Dr Khupe argued that those that stood accused were not afforded the opportunity to be heard.
“The MDC-T national council also violated the basic principles of natural justice in that we were condemned without being heard,” she said.
“The decisions were arbitrary, their being no rational criteria to determine the alleged political infidelity of anyone,” she said.
The three applicants have since filed an application at the High Court for review of the party processes asking that the declaration of recall be reviewed and set aside.
Dr Khupe said their application of review has bright prospects of success.
She, however, said her fears were that by the time the remedy of review is availed to them, the party and the party and the three leaders mentioned in court papers would have achieved their unlawful recalls.
She said the urgency arose from the letter of recall sent to Cllr Makombe, which he had been invited to sign on December Sunday that showed the party intends to ambush, embarrass and dehumanise the officials it has targeted for recall.
This is evidenced by the party’s call on him to vacate his official residence and surrender the official motor vehicle issued to him .
Cllrs Makombe and Maiko also deposed of their supporting affidavits.
The party and its leaders, and the other three national office holders or entities, are yet to respond.
Online Reporter