The People’s Democratic Party led by Tendai Biti has won the first round in the case where they were challenging the recall of Harare Mayor, Jacob Mafume.

Mafume was granted an interdict and will continue as Mayor of Harare.

The High Court interdicted July Moyo from replacing Mafume until a judgement is made in the main case.

While the interdict case has been won in court, the political implications are far reaching. Biti has effectively accepted that the PDP went into the elections as part of a coalition and he was not as part of the MDC Alliance political party.

In the main case, Biti’s PDP is seeking the following order from the High Court.

  • An order declaring that the 2nd Plaintiff is the Secretary General of the 9th
  • An Order declaring that “Annexure ‘A’ purporting to recall the 3rd,4th  and 5th  Plaintiffs is null and void and  is hereby set aside.
  • An Order directing that the 2nd, 3rd and 4th Respondents should disregard ‘Annexure ‘A’ or any further communications addressed to them by the 2nd Defendant purporting the represent the 9th
  • An Order declaring that only the duly authorized representative of the People’s Democratic Party in particular Settlement Chikwinya as Secretary General has the power to act on behalf of the organization.
  • An Order declaring that the Secretary General of 9th Plaintiff can only author official communications to public institutions concerning resolutions and the state of the party when he is duly authorized by the President.
  • An order declaring that the 2nd to the 5th Defendant be and are hereby barred from acting for any directive or instruction other than a directive from Settlement Chikwinya.
  • That the 1st Defendant is to pay the costs on a higher scale.

Applicants 

Kucaca Phulu – VP

Settlement Chikwinya – SG

Jacob Mafume – Spokesman

Batirai Dube – Councillor

Simon Chabuka – Councillor

Willias Madzimure – Councillor

Regai Tsunga – MP

Sichelesile Mahlangu – MP

PDP (BITI)

Defendants

Benjamin Rukanda ( SG)

July Moyo

Jacob Mudenda

Parliament

ZEC

Conclusion

The court will have to make a determination on the facts:

  • Whether Tendai Biti is the one who is rightfully in the MDC Alliance
  • Tendai Biti has accepted the Supreme Court Ruling and this will have an implication on other cases before the court
  • The issue of Tendai Biti being the Vice President of the MDC Alliance Party is going to be raised

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