Nelson Chamisa, yesterday appealed the recent High Court judgment that nullified his appointment as president of the Movement for Democratic Change (MDC-T).
Justice Edith Mushore recently ruled that the decision by the late former MDC-T president Mr Morgan Tsvangirai to handpick two additional vice presidents was illegal and that the party should hold an extraordinary congress within a month using 2014 structures.
Mr Nelson Chamisa was one of the two vice presidents handpicked by Mr Tsvangirai but was later elevated to the position of party president.
The contested judgment followed an application by Gokwe district organising secretary Mr Elias Mashavire challenging the 2016 decision by the late MDC-T leader decision to handpick Mr Chamisa and Engineer Elias Mudzuri as his deputies.
The two joined Thokozani Khupe, who had already been voted for at the 2014 Congress.
Nelson Chamisa and Thokozani Khupe went their separate ways following the death of Mr Tsvangirai in February last year.
At the time, Dr Khupe insisted she was the bona fide MDC-T leader because she was the only vice president elected at Congress.
However, MDC and Messrs Chamisa and Morgan Komichi yesterday filed a notice of appeal at the Supreme Court.
Through their lawyer Advocate Thabani Mpofu, the appellants argued that the High Court did not hear their side of the story, in violation of their right to be heard.
“The court a quo erred in coming to the conclusion that first appellant was barred for failing to file an opposing affidavit and so erred in treating a valid affidavit deposed to by third appellant (Mr Komichi) as pro non scripto (as if they had not been written) and in proceeding to determine the matter without hearing the first appellant (MDC).
“A fortiori (from the stronger argument), the court a quo erred in proceeding in a manner which is in violation of the first appellant’s constitutionally protected right to be heard before an independent and impartial court as envisaged by Section 69(2) of the Constitution of Zimbabwe 2013,” read the grounds of appeal.
It will also be argued that the MDC-T constitution provides for the appointment of the two deputies outside a congress.
“The court a quo erred in not concluding that the appointment of deputy presidents in the first appellant was in accordance with the constitution of that party, had been mandated by Congress and the highest decision-making organ outside Congress and was for purposes, valid as a unanimous decision of the voluntary association.
“Having been addressed on the law governing voluntary organisations and its effect on the subject before it, the court a quo misdirected itself in not pronouncing itself on that issue and is not deciding a question which was material to the decision required of it,” the grounds of appeal read.
The appellants will also argue that the court erred in intervening in the workings of a voluntary association without a valid legal or factual basis.
The appeal is yet to be set down for hearing at the Supreme Court. The Chronicle
Zimbabwe government suspends mobile money transactions
Zimbabwe government has, with immediate effect, suspended all monetary transactions on phone-based mobile money platforms to facilitate investigations that will lead to the arrest and prosecution of people responsible for sabotaging the economy.
In a statement this evening, Secretary for Information, Publicity and Broadcasting Services, Mr Nick Mangwana, said the measures will include the suspension of all trading on the Zimbabwe Stock Exchange.
The suspension will be in place until mobile money platforms have been reformed to their original purpose and when all the present phantom rates have converged into one “genuine rate that is determined by market forces under the foreign currency auction system which was launched by the Reserve Bank of Zimbabwe” on June 23. Operational modalities and details of the envisaged measures will be announced by the relevant monetary, regulatory and law enforcement authorise in the next few days.
The government will ensure that prudent measures are put in place to mitigate and prevent any collateral damage that the interventions may cause to the innocent public that was using the mobile money platforms. The Herald.
Joanna Mamombe, activists released on bail
Zimbabwe’s High Court has released on bail Joanna Mamombe and two activists who say they were tortured and sexually assaulted by state agents but were later arrested for allegedly faking the ordeal last month.
The women – Joana Mamombe, a member of Parliament of the Movement for Democratic Change Alliance (MDC-Alliance), and party youth activists Cecilia Chimbiri and Netsai Marova – were arrested earlier in June from their lawyer’s office. They were there to discuss another case in which they were charged for staging a protest in May.
The three women were admitted to hospital with multiple injuries after they were arrested in that case and said they had been taken to a location out of town by unidentified men who allegedly beat them and sexually assaulted one of them.
The court on Friday ordered them to report three times a week to a police station and surrender their passports as part of the bail conditions.
They also cannot “communicate whether directly or otherwise with any section of the public or private media, including social media, in connection with the matter” until the case is over, Judge Davison Foroma said.
“What’s critical is that they have been granted bail. However, we are concerned about their safety,” party spokeswoman Fadzai Mahere told journalists.
President Emmerson Mnangagwa and the minister in charge of police, Kazembe Kazembe, have claimed that the women fabricated the story of their abductions as part of a wider plot to destabilise the government.
The women face a prison term or a fine after being accused of making false statements to police “alleging that they had been unlawfully detained or kidnapped by some unknown people who claimed to be police officers”.Political tensions are high in Zimbabwe, where inflation above 750 per cent is stoking anti-government sentiment.
The High Court dismissed a separate case in which the opposition party is seeking the eviction of a splinter faction of the party which took over its headquarters in the capital, Harare, with the help of security forces. Al Jazeera
Chiwenga wins children’s custody
The Supreme Court of Zimbabwe has set aside a recent High Court judgment and granted Vice-President Constantino Chiwenga custody of his three minor children following protracted legal battles with estranged wife, Mary Mubaiwa.
Before yesterday’s Supreme Court ruling, High Court judge Justice Christopher Dube-Banda had granted Mubaiwa sole custody of the couple’s three children.
The Vice-President’s messy divorce with the ex-model started last year when the former army general was bed-ridden, taking several twists and turns, and in the process inadvertently exposing their health statuses, wealth and belief in rituals.
Through his lawyer Lewis Uriri, Chiwenga told the Supreme Court that Mubaiwa could not be given custody of their three minor children since she had admitted in a medical affidavit filed in court that she was mentally ill and in need of urgent psychiatric treatment.My Lords and lady, the applicant (Chiwenga) is worried that respondent (Mubaiwa) wants to have the children but she personally submitted a medical affidavit that stated that she was mentally unfit and needed to visit the doctor frequently which may not be prudent under the circumstances,” Uriri said.
“The doctor concluded that Marry Mubaiwa should be under the care of a physician, a surgeon and a psychiatrist.”
The matter was heard before a Supreme Court bench led by Deputy Chief Justice Elizabeth Gwaunza assisted by Justices Paddington Garwe and Chinembiri Bhunu, who ruled in favour of the former military commander.NewsDay
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