via Mutambara withdraws leadership wrangle petition – DailyNews Live by Tendai Kamhungira
Former Deputy Prime Minister Arthur Mutambara’s allies have withdrawn a Supreme Court appeal, which sought to nullify the party’s 2011 congress that saw Welshman Ncube elected president of the breakaway MDC formation.
Jobert Mudzumwe, chairperson of an MDC faction headed by Mutambara, together with 12 others had asked the High Court to reverse Ncube’s ascendance to the party’s top position.
However, High Court judge, Bharat Patel dismissed the application, forcing Mutambara’s party members to file a Supreme Court appeal against the ruling.
Mutambara rose to the position of Deputy Prime Minister on the back of his position as MDC president.
He resisted efforts to remove him from the post to make way for Ncube, arguing that he was still the legitimate president as the matter was still pending before the courts.
Lawyer Obey Shava told the Daily News yesterday that the appeal had been withdrawn, because it had since been overtaken by events.
Dismissing the party members’ application, Patel said Mudzumwe had failed to establish any contravention of the MDC constitution by Ncube during the 2011 congress that ousted Mutambara from the party presidency.
Mudzumwe and the MDC members had argued in their application that the congress was convened and conducted in violation of the MDC constitution.
They said convenors of the congress failed to send notices of the congress to all provinces and districts also argued that there were defects in the nomination process for congress elections, adding that the polls were not procedurally conducted because the national chairman was absent from the process.
Mudzumwe, who was then the acting chairman of the MDC, snubbed the congress.