High Court lifts Sikhala's suspension

High Court lifts Sikhala's suspension

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By Lebo Nkatazo

A ZIMBABWEAN court on Tuesday reversed the suspension of an opposition legislator accused of issuing false statements to the media on the party's funding.

Job Sikhala, the MP for St Mary's was suspended by Movement for Democratic Change (MDC) leader, Morgan Tsvangirai after he claimed the party had received up to US$2,5 million from Taiwan, Ghana and Nigeria.

Sikhala appealed to the High Court, and the matter came before Judge President Justice Paddington Garwe. Tsvangirai's lawyers did not oppose the application.

“The judge president granted a default judgment after all the respondents failed to turn up. The order is final. It was proved that papers were served on the respondents,” Sikhala said Tuesday morning.

MDC secretary for legal affairs David Coltart, who is also the MDC’s Bulawayo South legislator said there had been no official communication from the party that there was a court case that needed to be opposed.

Sikhala’s was suspended from the opposition party on October 31 for utterances Tsvangirai said had brought the name of the party into disrepute.

This followed claims by Sikhala that the current crisis in the MDC was caused by the party’s top leadership fighting over donations amounting to US$2,5 million from Ghana, Nigeria and Taiwan.

In his suspension letter to the MP, Tsvangirai said pending the determination of the party’s national council and with the exception of his parliamentary duties, Sikhala was not to represent the MDC in any role or convene any meeting using the party’s name.

However Sikhala took the matter to court on November 2 arguing that his boss had violated the party’s constitution, as he was not empowered to suspend any party member.

He said such powers were vested in the party’s disciplinary committee headed by party vice president and Nkulumane MP, Gibson Sibanda.

He also accused Tsvangirai of being a dictator for acting single handedly in suspending him.

“In any event assuming he is one in that committee, Mr 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,” the St Mary’s lawmaker added.

Sikhala is not the first party member to accuse Tsvangirai of violating the party’s constitution. Members of a faction that has endorsed the Senatorial election slated for November 26 have previously accused the MDC leader of acting outside the constitution when he overruled the National Council resolution endorsing the polls.

The faction has also said last weekend’s National Executive Council meeting called by Tsvangirai was unconstitutional as it had not been called by the secretary general’s office.

Tsvangirai and his advisers insist the MDC leader has popular support and reject claims that he is a "dictator in waiting".
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