By Farai D Hove | Senator Douglas Mwonzora faces removal from party leadership following a High Court case just launched against him.
An MDC official has approached the courts seeking to among other things nullify the Mwonzora party’s confess held on 27th December 2020.
Mr Amos Kaliati appeals to the court saying his case is based on the infamous Mashavira verdict, while also alleging that Mwonzora used fake delegates to claim they are 2014 party members.
The case threatens to dismantle everything Mwonzora has stood on against his nemesis, Nelson Chamisa.
His case reads in part:
- This application comes against the backdrop of the decision of the Supreme Court in the case of Movement for Democratic Change & Anor v Mashavira & 3 Others (SC 56-20, Civil Appeal No. SC 289/19)  ZWSC 56 (31 March 2020).
- In that matter, 2nd Respondent, in her capacity as Acting President of the First Respondent was ordered to convene an extra-ordinary congress of the First Respondent within three months from the 31st of March 2020, failing which, the Third Respondent would convene the said extra-ordinary congress.
- The purpose of the extra-ordinary congress was to fill the vacancy left by the late founding president of the party, Dr. Richard Morgan Tsvangirai.
- It is common cause that the extra-ordinary Congress was not held within the specified time limits in the decision of the Supreme Court in question. An extension of time within which to hold the extra-ordinary congress was granted by the Supreme Court under Case Number SC328/20.
- I wish to make it clear from the onset that this application does not seek to tamper with decision of the Supreme Court in any way. Instead, it is anchored on that decision. I particularly draw inspiration from the findings of the Supreme Court as follows: –
16.1 On Page 39, where the Supreme Court noted that: –
“…Article 3 of the Party constitution enshrines its status as “a Social Democratic Party whose core values shall be solidarity, justice, equality, liberty, freedom, transparency, humble and obedient leadership and accountability”. These core values of the Party, if they are not to be reduced to merely hollow rhetoric, necessarily implicate the principles of good governance and adherence to the leadership requirements embodied in the constitution.”