Mutambara still DPM: Tomana

Responding to the outcome of the High Court ruling that Professor Welshman Ncube’s appointment to the leadership of the MDC was legitimate and that the congress held by the party in January in 2011 was above board, Mr Tomana said the ruling will not affect Professor Mutambara’s position in government.

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The AG explained that Deputy Prime Minister Mutambara’s position in government is governed by the constitution of the country under Amendment no.19 and not the constitution of his party.

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He said Professor Mutambara was sworn-in by the Head of State in accordance with the Zimbabwean constitution and cannot be recalled from government without the consent of the appointing authority who is the Head of State.

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The ruling was made in view of an application by MDC members aligned to Professor Mutambara’s faction seeking to nullify the congress and election of the party’s national executive.

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Through their lawyers, the members argued that the congress was conducted in violation of the party’s constitution, an allegation that was dismissed by the High Court.

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Meawhile, the Professor Mutambara led MDC faction has filed a notice of appeal after the dismissal of their application by a High Court judge on Tuesday.

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The faction is challenging the legitimacy of the MDC congress held in January last year which saw Professor Welshman Ncube being elected president.

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In their notice of appeal, the Mutambara led faction, represented by Mr Aleck Muchadehama, said the judge misdirected himself in the interpretation of the constitution of the MDC.

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They say the judge erred in believing that Professor Ncube complied with the provision of the constitution of the MDC.

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The Mutambara faction submitted that the elections were presided over by a person who was not constitutionally authorised to do so thereby making the elections null and void.

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They want the court to compel Professor Ncube to call for another congress within six months.