Mudzuri’s Bid To Block Expulsion From MDC-T Fails7 months ago
Former MDC Alliance senator Elias Mudzuri has failed to stop his expulsion from MDC-T, reported NewZimbabwe.com.
The opposition party recently expelled Mudzuri alongside Norest Marara, Edwin Kakora, Gift Konjana, Den Moyo and Edwin Dzambara.
Mudzuri then filed an urgent chamber application at the High Court seeking to stop the confirmation of his expulsion.
However, High Court judge Justice David Mangota dismissed Mudzuri’s application, ruling that he had failed to justify his request. Ruled the judge:
The logic of the matter is that the letter of 6 February 2023 would not have taken away from the applicant his position as Vice-President of the first respondent (MDC-T) and allowed him to remain a card-carrying member of the first respondent.
Are you a Civil Servant or Pensioner in Zimbabwe?
Get a smartphone 📱 on Zero Deposit. 24 hours to process.
He would, in all probability, have been stripped of his membership in the first respondent completely.
Once it is accepted, as it should, that the applicant is no longer a member of the first respondent, the logical conclusion which follows from the stated matter is that he has no right that he requires to protect.
An applicant for an interdict must prove, on a preponderance of probabilities, the existence of the right which he wants to be protected by the interdict.
All other requirements for an interdict will only be considered after the existence of the right has been established.
Where, as in casu (in this case), no such right exists, the application for an interdict fails.
The applicant failed to prove, on a balance of probabilities, the existence of any right which he enjoys in the first respondent.
The application is struck off the roll of urgent matters with costs.
In his application, Mudzuri cited, the MDC-T, MDC-T president Douglas Mwonzora, party chairman Morgen Komichi, and MDC-T Secretary General Paurina Mupariwa Gwanyanya as respondents.
The respondents challenged his application, arguing that what he sought to interdict had already taken place.
Mudzuri, Norest Marara, Edwin Kakora, Gift Konjana, Den Moyo and Edwin Dzambara were expelled from MDC-T for violating the party’s constitution after dragging their Mwonzora to court challenging his re-election on December 18, 2022.