Biti under fire

HARARE - The wisdom or otherwise of Tendai Biti’s MDC rebels going ahead with a disputed disciplinary hearing against opposition leader Morgan Tsvangirai on Friday, despite the High Court putting the process on hold, continues to raise heated debate among Zimbabweans.

While many legal experts say the so-called renewal team acted in contempt of court by forging ahead with the hearing, the rebels are adamant they did not break any law.

MDC spokesperson Douglas Mwonzora, a lawyer who also represents the MDC in the current matter, told the Daily News yesterday that Biti and his group were well aware of the pending High Court judgment when their purported tribunal sat to judge Tsvangirai, as they had been notified of the development on Thursday evening.

“Lovemore Madhuku (who represents the rebels in the matter) was told by the court that judgment was going to be delivered at 9:30 am and at 9:45 am the judgment was delivered, but he (Madhuku) chose not to come to court,” Mwonzora said.

Mwonzora added that the High Court interdict explicitly said that the respondents, including Biti and anybody else acting on the rebels’ instructions, were barred from holding the hearing.

Furthermore, Mwonzora said, the letter that was sent by the rebels supposedly summoning the MDC president and party chairman Lovemore Moyo to appear before their political formations’ tribunal had been penned by Biti, but did not, curiously, indicate that there would be an “independent” tribunal.

“They did not disclose the names of the tribunal to us. The letter they wrote did not contain the venue nor did it include the time it was going to take place,” Mwonzora said, adding, “Any person would have known that it must contain those important details.

“They are in serious contempt of court. If the High Court looks seriously at this matter, it is a criminal and disciplinary matter”.

Another lawyer who preferred anonymity for professional reasons also told the Daily News that the court could find the renewal team in contempt of court.

“The court can actually find them in contempt of court. However, Tendai (Biti) is a brilliant lawyer and can (presumably) argue his case,” he said. “Otherwise why would they proceed knowing the repercussions?

“They (renewal team) do not have grassroots support and they know that the only way they can beat Tsvangirai is to outsmart him through the courts,” he said.

Makusha Mugabe, a political activist based in the United Kingdom, argued that while Madhuku was busy arguing his case before Justice Zhou, he would have been fully aware that his clients were conducting the hearing.

“Surely, this is contemptuous of the justice system, or at the very least, an attempt to defeat the effect of legal proceedings in the High Court through technicalities,” he said.

But Jacob Mafume, the renewal team spokesperson, claims that at the time their tribunal was convened at Mandel Training Centre on June 27, the High Court had not ruled on the matter.

“At the time of the hearing, neither the tribunal nor the MDC had been called to appear before any court nor had they been served with any order to stop proceedings,” he said in a statement issued on Friday.

“At the time of writing, neither the tribunal nor the MDC have (sic) been served with any order to stop proceedings. It came to our attention that four individuals namely Tendai Biti, Sekai Holland, Elton Mangoma and Sam Sipepa-Nkomo had been taken to court to interdict them from conducting hearings for the suspended members.

“The applicants sought also to interdict the resolutions of the Mandel meeting pending a determination of the matter.

“The court, we are advised and made to believe by our lawyer Professor Lovemore Madhuku, rejected the application to interdict the resolutions of the Mandel meeting and those stand.”

Mafume said they believed the interdict affected only the cited members.

“The four were not conducting the hearings but it was an independent tribunal which was doing the process. The chairman of the tribunal was not cited nor was the party in this matter,” he said.

Comments (35)

I didn't know kuti kupusa chirwere nhai? now it is being exhibited by the spokisipeseni of the renewal team.

mamuna - 2 July 2014

This or that, we don't care forward with leadership renewal

Nyamhangambiri - 2 July 2014

We are sick and tired of this MDC garbage. I want to talk about the low level of Zimbabwean journalism. What is it with these silly black Zimbabwe journalists? Are they taught to fawn over politicians all the time for no apparent reason? You wrote about Nkomo as if he is the one who invented the lavatories or electricity or the motor car or computer. You journalists lionise these useless politicians to try and curry favour with these politicians. I thought this was confined to the newspapers owned by Trevor Ncube but its all the Zimbabwean newspapers. Your fawning is embarrassing and thoroughly nauseating. THERE'S A SAYING THAT YOU CAN TELL THE BACKWARDNESS OF A COUNTRY BY HOW THE PEOPLE REVERE THEIR LEADERS FOR NO APPARENT REASON. You black journalists spend 95% of your time bootlicking politicians. Is there a Chapter in Journalism courses where it says the journalist must always punctuate his or her news reports by fawning over the politician? I don't know what Nkomo did which warrants him being lionised and having a statue erected in his honour. I understand why Rhodes had a statue erected because he was the pioneer of all the railways, roads, SCHOOLS, INDUSTRIES, hospitals, dams, mines, farms, towns, supermarkets, electricity, lavatories, modern clothes, telephones, motor cars, fridges, bicycles, ox-drawn ploughs, underwear, socks, modern medicines, handkerchiefs, toilet paper, pens, books, radios, TVs, etc etc.- to mention but a few. There was nothing before Rhodes came - it was wildest jungle. What Rhodes did is priceless. What of Nkomo? Politician after education was sponsored by the whites! Is that worth erecting a statue for? Without the white colonialists then Nkomo would have been just another cattle herder. So what? If you think Joshua Nkomo did more than Rhodes then you are of low intellect and hopelessly brainwashed and brain dead - a zombie.

Musona - 2 July 2014

Musona the reason that Nkomo's statue was not erected in your yard gives you every reason to shut your idle reasoning and barren mind!!

Regalia - 2 July 2014

Its payback time for Biti akadya mari yeZanu akapiwa mukondombera kubvakuzvisiskana zveZanu so he is now a heap of confusion.

Mbiti - 2 July 2014

My young son thinks lawyers are among the most dump people. I used to strongly oppose him, but now I think he has a point.

machakachaka - 2 July 2014

Biti kureva iwe mbiti ziva zvekunwa maARV unongomisa muromo wakatsvuka sewegwari. You are not only power hungry but you are also very silly. Zuro ndizuro waiti zanu yakahwina nebhora mugedhi mushure wakamboti yakabira maelections saka chokwadi chako chiri papi. ungori hure riri kutozvirwarira zvaro.

chandengenda - 2 July 2014

Biti kureva iwe mbiti ziva zvekunwa maARV unongomisa muromo wakatsvuka sewegwari. You are not only power hungry but you are also very silly. Zuro ndizuro waiti zanu yakahwina nebhora mugedhi mushure wakamboti yakabira maelections saka chokwadi chako chiri papi. ungori hure riri kutozvirwarira zvaro.

chandengenda - 2 July 2014

Biti kureva iwe mbiti ziva zvekunwa maARV unongomisa muromo wakatsvuka sewegwari. You are not only power hungry but you are also very silly. Zuro ndizuro waiti zanu yakahwina nebhora mugedhi mushure wakamboti yakabira maelections saka chokwadi chako chiri papi. ungori hure riri kutozvirwarira zvaro.

chandengenda - 2 July 2014

Biti kureva iwe mbiti ziva zvekunwa maARV unongomisa muromo wakatsvuka sewegwari. You are not only power hungry but you are also very silly. Zuro ndizuro waiti zanu yakahwina nebhora mugedhi mushure wakamboti yakabira maelections saka chokwadi chako chiri papi. ungori hure riri kutozvirwarira zvaro.

chandengenda - 2 July 2014

@Regalia - idiot. It should have been erected on your mother's backside. Scum.

Musona - 2 July 2014

Tendai Biti's actions were an act of foolish bravery and are an embarassment to the legal fraternity and the justice system in zimbabwe.actually its a crippled joke in a wheelchair that is not funny at all.it is contemtous to the justice system of zimbabwe and the long arm of the law should take its course

melu - 2 July 2014

Kuzoti 'brilliant lawyer apa iye ari student ya Madhuku watinoziva kuti he us a failed lawyer haa Biti is not a brilliant lawyer but a brilliant idiot.

Maita Manyuka - 2 July 2014

Biti Mbiti?

Nyashanu - 2 July 2014

There is no wisdom or the so called strategist in Biti and the rebel team. Biti is trying to please Zanu PF since it`s a Zanu PF project and they shall leave to regret. He is forgetting the old adage that when invited by Lucifer use the longest fork. Zanu PF never made a comment about the document which was published by Daily News linking them with the Rhodesians who wants to use undemocratic means to remove Mugabe. They Zanu PF are waiting for the right opportunity to strike and when the document will be reproduced by the Herald it shall be spiced. Biti and his team should learn from Kudzayi. Watch Ben Munashe 2.

peckson paul kazingizi - 2 July 2014

Musona wants us to believe Rhodes brought us what? Civilization? Rubbish. We were already civilized in our own rights. We bad a political system, a religious system, commerce, conservation regulations, a social system and a whole lot of other better ways of life than the diseases, oppression, barbarism and the decimation of our natural resources that the whites brought us. So please enough of your boot licking of whites. and by the way I am not praising the present political leadership, they are no different from Rhodes and his ilk.

Regmap - 2 July 2014

@Regmap - just parroting archaic nonsense. You are obviously brain washed. You suffer from inferiority complex. You have no independent mind. Without the whites we could all be defecating in the bush with no toilet paper, using hands at times! That is one of the most important things whites introduced to this land - and for that we are eternally grateful. We are able to go to the lavatory at night without fear of being bitten by snakes on the bottoms while defecating in the bush. You take things for granted. This borderless land was very very backward. Not a school in sight or a factory. No amountt of spin is going to change that.

Musona - 2 July 2014

Musona,why are you fighting everyone?Do really think your views are the best?Please brother,learn to at least tolerate other people's views.

gukurume - 3 July 2014

One wonders what this BITI was rushing for if he really had a valid case against Tsvangirai. Biti has clearly demonstrated his disrespect for the law in Zimbabwe.What kind of a lawyer is he?What kind of a president would this guy be in this country? Having the audacity to reject a high court order simply shows that Biti may never listen to anyone but to himself. God help us,we cannot follow this obvious DICTATOR...

VHUKANII AMADHODHA - 3 July 2014

Who is their lawyer......Madhuku....stop there and think

lolo - 3 July 2014

This so called renewal team is a sick jock. And now they have added Lovemore Madhuku to the circus. A real bunch of real idiots. What did my country do to deserve them I ask?

Kufakwejeyi - 3 July 2014

@gukurume - Nonsense you fool. What do you men “fighting everyone”? I cannot tolerate garbage. I have stated true facts of history which some people find unpalatable. Without Cecil Rhodes we would be in the Stone Age.

Musona - 3 July 2014

The head line caught my Interest, I browsed through the the first paragraph.........lost interest... drifted down to the conclusion. I get bored easily reading about Biti (or Mbiti) and Morgan (Gumbura) or whatever the nick names they go by these days.

taps - 3 July 2014

MaLawyer mazhinji haana kumira mushe pamwe munobhadharwa nemakambi

Chidondova - 3 July 2014

Zimbabweans you are obessed with autocratic stlyle of leadership. You support Tsvangirai to the extend that you can work in his garden. Open easy we need new leadership for MDC. If team is losing you dont sack the players but the coach. Save must resign. biti and team panyanga

Real Leader - 3 July 2014

biti dont loose hope yu are in the right direction. some people are polarised

forward - 3 July 2014

Musona you are mischievous yet you lack proper human understanding. You are busy celebrating Rhodes for introducing the toilet 'to you' forgetting that the same Rhodes reduced 'you' to mere animal. So in your opined view Rhodes is a hero? What utter rubbish! Personally I'm no racist and regard whites as par human. I actually have nothing against the modern day whites, they have done considerably good for us. But to celebrate Rhodes is even close to condoning witchcraft.

Regalia - 4 July 2014

Save msacheuka mridzo

codza - 4 July 2014

uyu anonzi musona dai afa zvake kana kuisa plastic surgery..u lick whites to such an extent of thinking Rhodes is a hero..nxa..shame on you

sahwi - 4 July 2014

@ Musona uri ndove yemunhu.

Dread - 6 July 2014

Biti is better he does not endorse someone for the sake of it. Intially he may sound unpopular but the move he made was eminant.

taurai - 8 July 2014

@Musona, chokwadi chinorwadza. Ma African politicians hapana zvitsva zvavanounza kunze kwe poverty and suffering. Compare Zimbabwe with Rhodesia. What is it new that Zanupf Gvt has done except corruption and murder.

Chokwadi - 9 July 2014

Mbiti ibonga remunhu, in his dreams does he ever dream of himself and his group of idiots ever ruling the MDC, or worse still, this country? Its high time he and his rubbish are put in their respective places.ROVAI MBITI IDZOKERE KU ZANU KWAYAKABVA

zimboman - 9 July 2014

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