BULAWAYO High Court judge Justice Christopher Dube-Banda has postponed to next week the urgent court application filed by expelled MDC organising secretary Abednico Bhebhe.
Bhebhe is seeking an interdict stopping the MDC from holding its elective extra ordinary congress set for this Saturday in Harare where the party is expected to elect a new leader to replace the late Morgan Tsvangirai.
Justice Dube-Banda yesterday postponed the matter by consensus. This was after the respondents’ lawyer, Tawanda Tawengwa, had highlighted that he could not get enough time to prepare opposing papers as they were served with the court papers late on Tuesday.
“Respondent sought a postponement of this matter citing that they received the application yesterday (Tuesday) at 11:30 in the morning, so the legal practitioners representing all the respondents sought an application for postponement and from our own view, the application is merited because he has not been given enough time to prepare.
“The judge who handled the matter, Justice Dube-Banda, intimated that the matter is going to be rolled to the next duty judge, who is going to preside over the matter,” Bhebhe’s lawyer Nqobani said yesterday.
“We have taken into cognisance that by the time all this will happen, the congress would have taken place and our client is confident that there is a plan B.
“We have discussed this option at large and we will spring something new.”
In his application, Bhebhe had sought an interim relief declaring his expulsion null and void to allow him to participate at the congress.
He cited party interim leader, Thokozani Khupe, national chairperson Morgen Komichi and the MDC as first, second and third respondents respectively.
Bhebhe, who is eyeing the presidency, was recently expelled from the party after he was accused of being a stooge of the Nelson Chamisa- led MDC.
He, however, appealed to the High Court to review his expulsion.
“Pending the determination of applications for review filed under cover of case numbers HC 1973/20 and HC 2119/20, 1st, 2nd and 3nd respondents be and are hereby interdicted from convening a congress to elect the 3rd respondent’s president.
“As a consequence of the order…the 3rd respondent’s congress to elect the 3rd respondents’ president scheduled for the 19th of December, 2020 be and hereby held in abeyance, till applicant’s applications for review… are determined,” Bhebhe said in his application
Through the application, Bhebhe is seeking to be reinstated as the member of MDC where he was the organising secretary, according to the 2014 structures setup.