The Tribunal Appointed in Terms of the MDC constitution met on the 27 th of June 2014 at Mendel Training Centre at 1000 am as had been scheduled from the earlier Postponement. The two individuals involved Morgan Tsvangirai and Lovemore Moyo where in default and the consequences of default judgement followed.A full judgement will be given by the Chair of the Tribunal Gift Nyandoro in due course .At the time of the hearing the Tribunal nor the MDC had been called to appear before any court nor had they been served with any order to stop proceedings .At the time of writing the Tribunal nor the MDC have been served with any order to stop proceedings.It came to our attention that four individuals namely Tendai Biti , Sekai Holland, Elton Mangoma and Sipepa Nkomo had been taken to court to interdict them from conducting hearings for the suspended members. The applicants sought also to interdict the resolutions of the Mandel Meeting pending a determination of the matter. The court we are advised and made to believe by our Lawyer Professor Lovemore Madhuku that the court rejected the application to interdict the resolutions of the Mandel Meeting and those stand. We are made to understand and to believe that the interdict awarded sought to interdict the four named individuals from conducting hearings. The four were not conducting the hearings but it was an Independent Tribunal which was doing the process.The chairman of the Tribunal was not cited nor was the Party in this matter.We have been advising our collegues to go to court but they chose to do so at night which probably explains the citing of wrong parties altogether and the obtaining orders that are directed at the wrong parties. The alternative to all this would have been an amicable settlement but our collegues would rather place themselves in the hands of a third party;Whom they from time to time state is ZANU PF . They spectacularly failed with the Speaker of Parliament and Have again failed with an ill thought , ill directed court application. After celebrating the terms of the final order which has not been granted the lawyer acting for the applicants failed to mention to his clients that the interim order is the operative section. As its stand the hearings of the Morgan Tsvangirai and Lovemore Moyo are complete. The suspensions of the other persons remain valid until set aside by a competent court. The order does not nullify the suspensions in any way. The order is not directed at the body conducting the hearings in any way.The resolutions of the Mandel Meeting have not been set aside as this relief sought was not granted.Far be it that we advise on legal strategy but one should be wary of relying on persons who win cases against their own clients.
Posted on: Fri, 27 Jun 2014 17:24:37 +0000
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