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Justice Bharat Patel on Tuesday dismissed an application by Mr Morgan Changamire, Mr Jobert Mudzumwe and 11 other party members to nullify the January 2011 party congress in which Prof Ncube was elected president.
The court ruled that the congress was properly convened and that the election process that gave Prof Ncube mandate to lead the party was above board and in
compliance with the party’s constitution.
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The group, through its lawyer Mr Obey Shava of Mbidzo, Muchadehama and Makoni, appealed to the Supreme Court.
In the notice of appeal, the group stated that Justice Patel misdirected himself in interpreting the MDC constitution.
“The learned judge in the court-a-quo erred in holding that second respondent (Prof Ncube) had complied with the mandatory provision of the first respondent’s constitution.
“It is also submitted that the court-a-quo erred in holding that the provisions of first respondent’s constitution had not been violated.”
The group also contests the judgment on the basis that the election was not properly held.
The election, according to the group, was presided over by a person who was not constitutionally authorised to do so, thus making the outcome null and void.
Peter Tanyanyiwa
Online Reporter