Judgment has no effect: Biti faction

HARARE - Tendai Biti’s breakaway MDC has said Morgan Tsvangirai’s fate had already been sealed despite a court interdict stopping his hearing.

A tribunal comprising three lawyers sat yesterday morning and heard the charges against the MDC leader in absentia.

The High Court subsequently interdicted the team from proceeding with the hearing.
Jacob Mafume, spokesperson of the Renewal Team, told journalists yesterday that three lawyers, Tafadzwa Mugabe, Gift Nyandoro and Edward Humanikwa, were not cited in Tsvangirai’s court papers, which won favour with the High Court on Thursday night.

“Suspended Morgan Tsvangirai and (chairperson) Lovemore, they were informed that they have been summoned and had been informed that they were supposed to appear before the tribunal on June 27,” Mafume told a news conference.

“The two members did not pitch up and they did not give the reasons why they couldn’t come. So the tribunal passed a default judgment against them.

“We are aware of the High Court ruling but the tribunal that was supposed to hear from Tsvangirai was not served with the papers.

“It is an independent tribunal if they wanted to stop it they should have served the tribunal with the papers. We are not aware of the people who have been cited in the High Court case.”

Biti and his followers claimed to have suspended Tsvangirai and seven members of the executive accusing them of a litany of transgressions including subverting the party constitution, but the former Prime Minister, backed by his loyalists, in turn fired the entire Renewal Team.

The power struggles have since spilled into the courts which on Thursday ruled in favour of Tsvangirai.

“It was not the tribunal, nor the entirety of the MDC that was cited in the court papers but rather four people, Tendai Biti, Sekai Holland, Sipepa Nkomo and Elton Mangoma,” Mafume said.

“For the ruling to hold, all the people who passed the resolution to suspend Tsvangirai at Mandel should have been cited.

“But at least sense that they were suspended finally prevailed, that is why they ran to the courts. Very soon they will be crying because they are not standing on solid legal grounds.

“This method that they have taken will lead to tears and the judgment confirms that they are suspended.”

Comments (3)

This clown Biti is not serious he wants to lead people legitimately, I am baffled by his attitude towards the rule of law. High Court is a respected legal institution. Thats why the grassroots doesn't trust him. Arikuruza asati apinda panyanga. Uri mutengesi are you a mobster? teedza mutemo tione hutungamiriri hwako hwune gwara

MUSUNGWA GAVA - 28 June 2014

Mafume is a dumb lawyer.How does he interpret the words 'any person...' in the order: “Pending finalisation of the applicant's action brought under case HC 4955/14, the respondents and any person claiming through them be and are hereby interdicted from implementing any resolution of the meeting held by the respondents at Mandel training centre on April 26 2014,” said Justice Zhou. “Any proceedings that may have been instituted against any office bearers of the second applicant pursuant of the resolutions of the meeting afore said be and are hereby stayed until finalisation of case no HC 4955/14.”

Kufandada - 28 June 2014

Biti pliz just use your time building your political party and leave our strongo man Morgan with his masses .You will never win this project just return zanu .s money bcoz wa nyangira yaona do not say we never warned you shamwari. Very soon bazakuvalela like jukwa if you do not return their money .Remember your newly found friends ndeve ropa . Phuza amaphilisi fethu uzaba right. viva Morgan chibwe chitezi number 2 they wanted to push him through the window on 8th floor they failed . they split his party in 2005 but he came out strong and beat Mugabe in 2008 they killed his wife but god is still looking after him, in 2007 he survived when he was beaten by cio eve Ben Manashe failed so Biti you are like a sick boki bucking at a bull elephant

Diibulaanyika - 29 June 2014

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