High Court rules that Mutambara is not MDC president

February 17, 2011

SW Radio Africa

By Lance Guma

17 February 2011

Arthur Mutambara’s attempts to regain control of the smaller MDC faction took a knock on Wednesday, when the High Court ruled that he cannot ‘purport’ to be president of the party until the leadership dispute is fully resolved in court.

Mutambara also defied a party directive to step down as Deputy Prime Minister, claiming he did not recognize Ncube as the new party leader after last month’s party congress. He also claimed he would wait for the High Court to rule on an application filed by disgruntled party members unhappy with the congress.

Bulawayo High Court judge Nicholas Ndou granted an interim relief order which had been sought by the MDC faction led by Welshman Ncube. The order temporarily bars Mutambara from exercising any function vested in the presidency of the party and also stops him from interfering with the structures and organs of the party.

The urgent application by Ncube’s party followed reports that Mutambara was considering a reshuffle of Ministers from the party that are in the coalition government. Mutambara was also rumoured to be planning on sacking ministers Welshman Ncube, David Coltart and Priscilla Misihairambwi-Mushonga and had allegedly already approached several party MPs offering them ministerial appointments.

In the court application the MDC-N said there was a forthcoming meeting of the SADC Organ on Defence and Security……”at which the facilitator of the Zimbabwe dialogue, President Jacob Zuma, will present his report on the outstanding issues in the implementation of the GPA. The party must be presented by its president at this meeting which is normally attended by the presidents of the parties in the GPA.”

The MDC-N said it feared Mutambara will seek to represent the party at this meeting “when he has no lawful right to do so.” The High Court has since given Mutambara 10 days to file a notice of opposition to the court order.

The saga has seen Mugabe take sides with Mutambara, telling Ncube he will not swear him in, no matter what happens.

Ncube’s camp has since said they have ‘donated’ Mutambara and the DPM post to ZANU PF.