Opposition Movement for Democratic Change (MDC) has brushed off the recent High Court ruling blocking the expulsion of Elias Mudzuri and other party leaders who were suspended by the movement for breaching the party Constitution.
High Court judge Justice Priscilla Munangati Marongwa’s ruling followed Mudzuri’s application seeking a declaratur after he was dismissed for violating the party’s constitution.
Mudzuri had dragged Mwonzora to court to challenge his re-election on December 18, 2022.
In a statement, party national spokesperson Witness Dube said the judgement does not reinstate the expelled members.
“Last week, the High Court Judge Justice Munangati Marongwa issued an order in favor of our former members; Elias Mudzuri, Norest Marara, Gift Konjana, Edward Kakora and Dan Moyo. The order seeks to nullify one of our Congress resolutions. The judgment was given in default, meaning that we were not there when the order was prayed for and granted.
“The MDC has since instructed its lawyers to apply for rescission of this default judgment. There has been a lot of misrepresentation by the applicants and their handlers about the meaning of this judgment. First, the judgment does not reinstate the Applicants at all. Second, the judgment does not nullify Congress.
“Third, this judgment is not operational at present because the order is of a constitutional nature. Where the High Court grants a Constitutional judgment; that judgment is not operational until it has been confirmed by the Constitutional court. This judgment has not been confirmed by the constitutional court at all and is therefore of no force or effect. The MDC maintains that its congress was held in terms of its internal structures and all its resolutions are lawful and equally binding on all our members,” said Dube.
In their application filed on February 14 at the High Court, Mudzuri and colleagues cited the party, Mwonzora, party chairman Morgan Komichi, and MDC-T Secretary General Paurina Mupariwa Gwanyanya as the respondents.
In their affidavit, the six argued that the resolution passed at the December congress which states that anyone who approaches the courts for resolution of any grievances against the party would be effectively ousted as member and faces automatic dismissal removed their right to approach the court to have any dispute resolved.
