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Sikhala defies Tsvangirai MDC leader Morgan Tsvangirai announced Monday that he had suspended St Mary's MP Job Sikhala over allegations made to newspapers last week that the party's leadership was fighting over undeclared donations from Ghana, Nigeria and Taiwan amounting to $2,5 million. On Tuesday, Job Sikhala gave his response to the "suspension", warning that Tsvangirai had no power to suspend him. Below are some excerpts from his letter to the MDC President: “YOU know very well that the supreme document of the party, the constitution, does not give you the jurisdiction to suspend members from the party. “Such jurisdiction is the preserve of the Vice-President and the Disciplinary Committee, ‘whose duties shall be to investigate breaches of the code and, where appropriate, impose the requisite penalties. "Article 10 of the MDC constitution which states that: There shall be a Disciplinary Committee whose duty shall be to investigate breaches of the code and, where appropriate, impose the requisite penalties. That the Disciplinary Committee shall serve for a term of five years and shall comprise of the Deputy President who shall be the Chairperson, four other members of the Party, at least two of whom must be members of the National Council. Of the four members, one must be a legal practitioner. The quorum of the Disciplinary Committee shall be three. On the refusal or unavailability of any member of the committee, the National Council shall have powers to fill any vacancies. The Disciplinary Committee shall have powers to frame, enquire into and decide on charges against members and to reprimand, fine, suspend and expel members who have been found guilty of: a wilful breach of any of the provisions of this Constitution and any regulations made in terms hereof, conduct unbecoming and prejudicial to the interests or reputation of the party and the objects and purposes for which it stands and/or conduct which may bring the party into disrepute; a criminal offence by a competent court involving an offence in which dishonesty is an element or involving an offence in which the member has been sentenced to imprisonment for a period of more than six months without the option of a fine; or non payment, within two months of its imposition, of a fine imposed by the Disciplinary Committee. An appeal shall lie from any decision or order made by the Disciplinary Committee to the National Council. The National Council shall have power to confirm, alter or set aside in any manner whatsoever any such decision or order. The decision or order of the National Council, other than an order of expulsion, shall be final and not appealable to, or reviewable by, any court or body. A notice of appeal against a decision of the Disciplinary Committee shall be lodged with the Secretary General within one month from the date of the decision or order appealed against. A member’s expulsion from the party shall be further appealable to the Appeals Tribunal. All expulsions from the party shall be endorsed by congress. “With all due respect, Mr President, your purported suspension is of no force or effect as it is illegal. I will continue carrying out the revolutionary duties as normal until such time when law proves me wrong…Why do you hate me with such an evil passion? Will you be able to love the people of Zimbabwe if you hate those who worked, suffered and nearly died or died for you? “Furthermore, Mr President, I never accused one individual in the party, but blamed the entire leadership on the chaos our party is going through. What will surprise everyone is the inquisitive nature of your Honourable office to pick a fight on an issue that touched the Vice-President (Gibson Sibanda) who is the authority of discipline in the party. Why? Why? Why? And Why? Do you know the truth? Then, tell the world, Mr President.” "A fortnight ago, you sent Dennis Murira to invite me and talk about the possibility of me supporting the “No to Senate Campaign”. “I openly
told you that I would not support factions, but that I was praying for
my leadership to be united and fight…as a team. Did I disappoint
you, Mr President? I am sorry if so because I believe in the name of
God, that factions won’t take our party anywhere. I will remain
indifferent to factionalism until you all see the bigger picture of
our struggle.” |
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