Sikhala drags Tsvangirai to court

Sikhala drags Tsvangirai to court

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• Paul T Nyathi: Tribal slurs easy to make, but extremely dangerous

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• Sibanda: Tsvangirai in breach of constitution

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• Chenjerai Hove: The MDC and a very Zimbabwean disease

• Tsvangirai must 'come to terms' - Nyathi

• M Makwanya: Lessons in democratic process

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• MDC splits widen after senate vote

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By Lebo Nkathazo

ST MARY'S MP Job Sikhala has petitioned the High Court to set aside his suspension by opposition Movement for Democratic Change leader, Morgan Tsvangirai.

Sikhala was notified of his suspension Monday through a letter from Tsvangirai, following press comments made a week ago in which the MP claimed Nigeria, Ghana and Taiwan had funded the MDC for $2,5 million between them.

The outspoken MP immediately questioned the constitutionality of the suspension and penned a lengthy response to Tsvangirai, querying why he had not left the decision to the party's disciplinary committee.

Through his lawyer, Charles Chikore, Sikhala petitioned the High Court to set aside the "illegal" suspension and prevent Tsvangirai from interfering with his constituency work.

"The suspension, we feel, is illegal in that it was not done in terms of the constitution that governs everything in the MDC.

"He (Sikhala) is a Member of Parliament who should attend parliamentary business, attend the needs of his people in St Mary’s as a Member of Parliament," Chikore said in the court papers.

Sikhala also wants Tsvangirai to bear costs of the suit "on a higher scale".

In his founding affidavit, he said: "It (suspension letter) is or looks ‘single handed’ in nature in that it is the brain child of first respondent (Mr Tsvangirai) who just sat, probably overnight and thought on his own to write a letter thereby suspending me.

"My suspension from the party or from carrying my duties is unceremonious and illegal in that it breaches or contravenes Article 10 of the constitution (of MDC).

"Instead of living up to the constitution and consulting others and or reading this superior document, he (Mr Tsvangirai) simply decided to suspend me thereof.

"My dismissal thereof, to say the least, is unconstitutional or ultra vires. The disciplinary committee is comprised of or consists of the deputy president who shall be the chairperson, and four members of the party.

"In any event assuming he is one in that committee, Mr Morgan Tsvangirai cannot do that on his own because he will not form a quorum, as envisaged in the constitution.

"He cannot be the president, the disciplinary committee and the executor, all in one. That would be undemocratic and unconstitutional," said Sikhala.

Nigeria, Ghana and Taiwan have all angrily rejected Sikhala's claims that they funded the fractious MDC which has split over whether or not to contest the senate elections later this month.

After the MDC's national council voted 33:31 to participate in the polls, party leader Morgan Tsvangirai vetoed the outcome; his colleagues say in contravention of the party's constitution.

Tsvangirai's colleagues encouraged candidates to file papers to participate in the senate, and 26 did so in defiance of the former trade union leader. The elections will be held on 26 November.
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