Full text of MDC disciplinary committee letter expelling Matongo

Full text of MDC disciplinary committee letter expelling Matongo

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This is the full text of a determination by the MDC's disciplinary committee expelling party chairman, Isaac Matongo

22 December 2005

Mr. Isaac Matongo

Harare

Dear Sir

Outcome of Disciplinary National Committee Hearing held at St Lucia Park, Harare on 20th December 2005.

Please be informed that the MDC Disciplinary Committee as advised to you in a letter dated 14 December 2005 sat for a hearing on 20 December 2005 at St Lucia Park, Marlborough, Harare

As you failed to avail yourself for the hearing, the Committee therefore sat and deliberated over the charges of misconduct preferred against yourself in terms of the provisions of the MDC Constitution as advised to you in the letter signed by the Vice President G. Sibanda dated 14 December 2005

The Committee received, viewed evidence that you had been advised of the date, venue and time of the hearing at least five days before the date of the hearing. The Committee was availed with the letter of the complaint raised against you, signed by the Midlands Provincial Chairman, Provincial Treasurer and Provincial Organising Secretary.

The Committee established that:

u It is not in dispute that you presided over a purported Provincial meeting in the company of one Ms L. Matibenga. The meeting of which no due notice had been given to at least six members of the Province who included the signatories to the complaint.

The Committee noted section 6.3.1 of the MDC Constitution and that your actions of causing, in effect, the removal of office bearers were indeed an act of misconduct.

There was no evidence put before the Committee to suggest that:

1. a complaint had been reported to yourself, the National Executive OR National Council about an act of misconduct by the complainants.

2. a hearing had been conducted, thereby you denied the complainants natural justice.

From the complainant:

1. There is no evidence of an act of misconduct leveled against the complainants

2. There is no evidence placed before the Committee of any complaint filed with yourself

3. There is no evidence that three complainants namely:

Messrs: L. Mlambo

T. Mukahlera

R. Gasela

who are bonafide members of the party’s National Council, a complaint was tabled before Council.

The Committee satisfied itself that a constitutionally elected organ of the party was replaced unconstitutionally for unknown reasons.

The Committee was left in no doubt that these events happened within a context of the breach by the party` President of the party’s constitution over a National Council resolution of 12 October 2005 over participation in the senate elections.

You as Chairman, the Committee observed, that you had become part of the anti-senate participation team as complained. The Committee indeed received no contrary submission from you. Your actions resulted in:

1. a dual Provincial structure

2. confusion in the province

3. a division amongst party members

Evidence before the Committee confirmed that the complainants had:

1. been duly elected

2. no process of a hearing had been undertaken

The act you oversaw and conducted was an act of removing from office of three National Council members without the authority of Council.

The Committee observed that as National Chairman you should have acted as a unifier of party structures.

JUDGEMENT

u The Committee unanimously agreed that you breached section 2.1 (a) (b) (c) (d) (e) as read together with 2.1 (g) and (h), 2.2.(c) and 2.2 (d) of the MDC Disciplinary Code and Regulations

u You acted within a context of the anti-senate participation lobby.

u Your actions were a perpetration of a bigger agenda of removing office bearers perceived as unsupportive of unconstitutional conduct.

u You, by your actions associated yourself with the actions of breach of the provisions of the MDC Constitution by the party President.

VERDICT

The Committee found you guilty as charged.

PENALTY

THE Committee found that the only fitting penalty is expulsion from the party. Accordingly, you are advised that with immediate effect you are hereby expelled from the MDC. You are to surrender all party property in your custody to the Director of Finance and Administration.

You are hereby advised of your right of appeal to the National Council.

G. Sibanda

Chairman of the Disciplinary Committee

Cc: Secretary General

Treasurer General

National Organising Secretary
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