(ZIMPAPERS) MDC accused of trying to mislead President

MDC accused of trying to mislead President
Sunday, 27 February 2011 10:25 Local News
Sunday Mail Reporter

THE MDC has been accused of trying to mislead President Mugabe into boosting its plot to unseat Deputy Prime Minister Arthur Mutambara by misrepresenting facts of the legal dispute over the matter.

In a letter dated February 22, the party’s secretary-general, Mrs Priscilla Misihairabwi-Mushonga, indicated to the President that a recent High Court interdict barred Professor Mutambara from acting as MDC president and/or inclusive Government principal.

The same letter was dispatched to Prime Minister Morgan Tsvangirai.
Documents filed in the High Court (Bulawayo), however, show that while the party sought to interdict Prof Mutambara from acting as both MDC president and principal, Justice Nicholas Ndou did not grant the second part of this portion of the interim order.

This effectively means Prof Mutambara remains principal alongside Cde Mugabe and Mr Tsvangirai.

It could not be immediately ascertained what action the party faces if allegations of attempting to mislead the Head of State and Government and Zimbabwe Defence Forces Commander-in-Chief are proved.

Contacted for comment, Presidential spokesman Cde George Charamba said he was yet to read the letter.
“I have not as yet been favoured with a copy of the letter by His Excellency, the President,” he said.
“However, should it turn out to be what you claim it is, the whole thing would amount to willfully attempting to mislead the President.”

In her letter, Mrs Misihairabwi-Mushonga said her party would disregard decisions made by the inclusive Government principals if the MDC were represented by Prof Mutambara.
“Please find attached hereto a copy of the order issued against Arthur Mutambara from purporting to be the president of the MDC and from exercising any function or playing the role of the MDC president and from representing or purporting to represent the MDC in the inclusive Government.

“We humbly and kindly advise that the MDC will not recognise nor co-operate in any decisions made by the principals to the Global Political Agreement or by the ‘leadership’ of Government if in the making of those decisions the MDC is purportedly represented by Arthur Mutambara.”

Earlier this month, the High Court granted the MDC, represented by Mrs Misihairabwi-Mushonga, a provisional order barring Prof Mutambara from purporting to be party president and from exercising any function vested in the formation’s presidency.
The court also interdicted him from “in any way interfering with structures and organs of the party”.

This came after former secretary-general Professor Welshman Ncube succeeded Prof Mutambara as leader after securing a majority vote at the party’s national congress last month.
Prof Ncube moved further to recommend replacing his predecessor as Deputy Prime Minister.

However, President Mugabe said he could not accede to the request, citing legal complications.
Prof Ncube subsequently approached the courts for redress. On Friday, Prof Mutambara challenged the interdict, saying the application was not urgent.

In an opposing affidavit, he said the applicants had also followed the wrong procedure.
“Applicants knew that before filing the urgent chamber application, I was disputing most of the averments contained in the application.
“As such, it was wrong to proceed by way of chamber application, let alone an urgent one.

“I dispute that the MDC is making such an application. I am the MDC’s president . . .
“The deponent is not the MDC’s secretary-general. Her claim to such title arises out of a gathering of certain individuals in Harare on 8-9 January 2011.
“I dispute that the said gathering was an MDC congress along the same lines raised by my colleagues in Case No. HC 612/11.”-The Sunday Mail