via High Court nullifies MDC chairman nomination – DailyNews Live 18 October 2014 by Jeffrey Muvundusi
BULAWAYO – The High Court here has issued a provisional order nullifying the electoral nomination of Bulawayo deputy mayor Gift Banda to be provincial chairman two weeks ago.
In his ruling yesterday, High Court Judge Justice Martin Makonese stopped Banda from assuming office.
In an urgent chamber application, Matson Hlalo said Banda was not qualified for the post.
In the application, mainstream party national chairperson Lovemore Moyo, MDC president Morgan Tsvangirai, the party itself and Banda were cited as respondents.
Outlining the provisional order, Justice Makonese ordered and directed the first, second, third and fifth respondents not to allow Banda to assume office and carry out any duties as MDC Bulawayo province chairperson pending confirmation or discharge of the order.
Makonese also interdicted Banda, pending the return date, from assuming office and carrying out any duties as provincial chairperson.
Banda was also ordered to pay costs of a suit on the ordinary scale.
Justice Makonese said the granting of an interim relief to the applicant was suitable as he had no other remedy since the respondent had indicated that he was already in the office.
In his application, Hlalo said the elections were marred by violence and election irregularities and also argued that Banda was not entitled to take part in the contest for the chairperson post.
“Central to the applicant’s argument is the contention that Banda was not entitled to contest in the elections by reason of the fact that in term of the constitution of the party, only a member of MDC-T who has been within the structures at district level for five years can stand as a candidate for chairmanship of the province,” Hlalo argued.
He further accused Banda of having only served the party for two years and not held any post.
“Banda produced a membership card purporting to show that he joined the party in 2004 when it was pointed that in the same year the country had not adopted multiple currencies and that the figures on the membership card reflecting payment of subscription fees could not have been genuine,” he further argued.
Hlalo’s election agent Swithern Chirowodza told the Daily News after the court’s interim ruling that he was happy with the interim ruling.
“It affirms that we were correct when we chanted and protested to the presiding officer on the election day for the congress election template to be applied,” he told the Daily News.
He said the judgement was going to help the party interpret its own constitution in a better way.
Hlalo was represented by Godfrey Nyoni of Moyo and Nyoni legal practitioners while Douglas Mwonzora of Mwonzora Associates represented Banda and the party.
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