Daily Mirror
HIGH Court Judge President Paddington Garwe yesterday declared as null and void the suspension of St Mary’s lawmaker Job Sikhala after the defendants failed not only to turn up in court but also to oppose the matter.
MDC leader Morgan Tsvangirai suspended Sikhala on October 31 on allegations that he made unsubstantiated statements to the media about the opposition party having received foreign funding to the tune of US$2,5 million from the governments of Nigeria, Ghana and Taiwan.
The matter was heard in chambers and immediately after, Sikhala’s lawyer Charles Chikore said: “The suspension has been declared a nullity. The judge president granted a default judgment after all the respondents failed to turn up. The order is final. He (Sikhala) is free to perform his duties as an MDC member.”
Tsvangirai unilaterally suspended the MP from all party activities (except Parliamentary business) for allegedly bringing the name of Zimbabwe’s biggest opposition political party into disrepute. However, Sikhala later withdrew the remarks after speaking to the Office of Ghanaian President John Kufour.
Chikore said the court ascertained, through a certificate of service, that papers had indeed been served on the respondents: Tsvangirai, the MDC and its disciplinary committee.
Contacted for comment on why the MDC did not respond, the party’s legal secretary David Coltart said he was unaware the matter had gone unopposed.
“I am not aware if the papers were served on us. I suspect that they were served at Harvest House (the party’s headquarters). Normally I am informed when they are served, but on this one I have not been contacted by the office,” said Coltart, the MP for Bulawayo South.
Tsvangirai’s spokesperson, William Bango, as usual refused to comment.
Before withdrawing his statement, Sikhala claimed the current crisis in the MDC was a result of donor funds meant to revamp the party’s structures in efforts to remove President Robert Mugabe from the driving seat.
After Tsvangirai suspended Sikhala, the MP wrote to him reminding him his action was unconstitutional and then sought relief from the High Court.
In court papers filed on November 2 the legislator argued: “My dismissal thereof to say the least is unconstitutional or ultra vires.
“The disciplinary committee is comprised of or consists of the deputy president who shall be the chairperson, and four members of the party.
“…Tsvangirai cannot do that on his own because he will not form a quorum, as envisaged in the constitution. He cannot be the president, the disciplinary committee and the executor, all in one. That would be undemocratic and unconstitutional.”
Sikhala is not the first party member to accuse Tsvangirai of violating the party’s constitution.
Members of the pro-Senate faction led by secretary general Welshman Ncube has accused the MDC leader of acting outside the constitution when he overruled the National Executive Council resolution to participate in the polls.
Tsvangirai, backed notably by youth chairperson, Nelson Chamisa, Harare East MP, Tendai Biti, national chairperson, Isaac Matongo and women’s assembly boss, Lucia Matibenga, are against participating in the Senate polls.
While Ncube’s faction in favour of the November 26 elections is supported by vice president Gibson Sibanda, treasurer Fletcher Dulini-Ncube and party spokesperson Paul Themba Nyathi.
This faction says last weekend’s meeting called for by Tsvangirai was unconstitutional as it was not his duty to do so, but that of the secretariat.
Political commentators have already warned of an impending breakaway of the MDC and a protracted legal battle for the right to use the party’s name if this mess is not resolved soon and amicably.