New Zimbabwe
ZIMBABWE’S warring opposition Movement for Democratic Change (MDC) party on Wednesday sought a court interdict against its leader restraining him from conducting business on behalf of the party.
The MDC has been rocked by factional fighting, culminating in last week’s suspension of Morgan Tsvangirai by the party’s seven-member disciplinary committee. Four members of that committee came up with the decision.
Tsvangirai now has 10 days to show cause why a final order should not be issued against him — barring him from representing the party at any level and compelling him to surrender all MDC property.
The court action followed Tsvangirai’s defiance of his suspension announced in a letter by his deputy and chairman of the party’s disciplinary committee, Gibson Sibanda.
Sibanda said Tsvangirai had “acted in wilful violation of the MDC constitution” and was suspended from conducting any party business. Tsvangirai was also instructed to hand over all MDC property and relinquish his perks.
MDC sources told New Zimbabwe.com last night that Tsvangirai had planned to file his own court petition on Wednesday, objecting to being prevented from entering the party’s Harvest House headquarters or using MDC cars.
Tsvangirai’s camp appeared to have noted that there could be a technical way out of the suspension because all MDC properties are registered in the names of two directors — Ian Makoni and Reverend Tim Neil of the Anglican Church.
All the properties, however, are owned and maintained by the MDC.
Tsvangirai’s arguments are now likely to be heard within the next 10 days during which he has to oppose the granting of a final order.
Tsvangirai, through his spokesman William Bango, has claimed that the MDC constitution did not provide for the suspension of the president, although this has been rejected by the party’s legal affairs secretary, David Coltart.
Bango has also suggested that Sibanda is an interested party who has already taken a position in the conflict, thereby disqualifying him from acting as an impartial judge on the matter.
The MDC split was dramatised by differences over the Senate, a newly created legislative body whose elections were held at the weekend.
Sibanda and other senior colleagues say Tsvangirai breached the party’s constitution when he went against a vote of the party’s national council supporting participation in the senate elections.
Sibanda’s group fielded 26 candidates out of a possible 50, and gained seven seats in the MDC’s traditional stronghold of Matabeleland.
Analysts say while Sibanda’s camp has an upper hand on the legal front, “Tsvangirai controls the political temperatures” and his position enjoys popular support.
Some among Tsvangirai’s camp are openly talking of starting a new group called the Resistance Movement to wage a democratic struggle against President Robert Mugabe’s autocratic administration.