BY SILAS NKALA
THE ousted MDC-T national organising secretary Abednicho Bhebhe has filed an urgent High Court chamber application seeking to bar the MDC-T congress slated for December 19 at the Harare International Conference Centre.
Bhebhe was suspended and subsequently expelled from the party following an affidavit which he filed in court, opposing MDC-T and favouring the MDC Alliance.
In his bid to bar the MDC-T congress, Bhebhe filed the urgent chamber application on December 11 at the Bulawayo High Court, citing MDC-T leader Thokozani Khupe, acting chairman Morgen Komichi, and the MDC-T as respondents.
“Applicant herein intends to make an urgent chamber application before this court on the grounds that under HC 1973/20 and HC 2119/20 applicant has applied for review and setting aside of the third respondent’s decision communicated via the first respondent to suspend and expel applicant from office and membership of the third respondent,” read the application.
“Applicant’s application for review is based on violations of basic principles of natural justice and has good prospects of success. Should the review decision be in applicant’s favour, applicant may no longer benefit from the fruits of the remedy of review or from the efficacy of such remedy, as the third respondent would have proceeded on illegalities to convene a congress to elect its president on December 19.
“It is necessary that pending the determination of applicant’s application for review filed under case numbers HC 1973/20 and HC 2119/20 the respondents be interdicted from proceeding to convene the MDC-T congress to elect the MDC-T president on December 19,” Bhebhe submitted.
In his founding affidavit, Bhebhe said on November 13 he filed an application for review at the High Court seeking that his suspension from his position of national organiser of the party by Khupe via a letter dated October 29 be reviewed and declared unlawful.
He also said in HC 1973/20 he is seeking that his suspension be reviewed and set aside on the basis that it was ultra vires section 220.127.116.11 as read with section 7.14 of the disciplinary code of conduct and regulations of the constitution of the MDC-T in that the suspension did not clearly specify the grounds of his suspension and further failed to define and identify the offences that he stood accused of having committed.
Bhebhe said he should be reinstated as the party national organiser. The respondents are yet to file responses to the application.
Follow Silas on