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Statement by Prof Arthur Mutambara

By Lebo Nkatazo

A ZIMBABWEAN court on Wednesday ordered a faction of Zimbabwe's main opposition Movement for Democratic Change led by Morgan Tsvangirai to return a vehicle seized in central Harare from a rival group.

Legal analysts see it as a precursor to a long, drawn out legal battle between the two factions as they battle for the control of the party’s assets, name and symbols.

High Court judge, Alphas Chitakunye made the provisional order in the second court case since the party split over the question of whether or not to participate in last November’s senatorial elections.

In the provisional order made after an urgent chamber hearing, Justice
Chitakunye said: “It is hereby ordered that the vehicle be and is
hereby returned."

Barnabas Ndira, fingered as the leader of a group of youths who seized the vehicle was named as the respondent. Ndira was represented by Harare lawyer Jessie Majome who is also the National Constitutional Assembly spokesperson.

Observers Wednesday noted that the development further dampens any hopes of reconciliation and marks the start of more legal battles.

In the first case to go to court after the MDC split, the High Court refused to confirm Tsvangirai’s suspension as the party’s leader.

In another case, prior to the split, the same court reversed Tsvangirai’s suspension of St Mary’s MP, Job Sikhala, who is now in the faction led by former NASA scientist, Professor Arthur Mutambara.

Sikhala was suspended for allegedly bringing the name of the party into
disrepute after alleging that the party’s leadership squabbles had nothing to do with the Senate elections, but were triggered by the fight over donor funds.

He latter withdrew his statements.
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