WATCH LIVE As Gambakwe Media speaks to MDC-T USA Chairman, Den Moyo, after his province issued a statement this week saying they do not recognize the Douglas Mwonzora presidency.
Please read the full statement below:
MDC-T NATIONAL COUNCIL AND EXTRA ORDINARY CONGRESS EXERCISES IN ILLEGALITY
February 7, 2021
The MDC-T USA, one of the three constituted MDC-T external Provinces, notes with great concern the continued disregard of the Party’s constitution as witnessed by events which took place at the Party’s National Council meeting of February 6 2022, and the subsequent resolutions adopted at that meeting.
The MDC-T National Council met for its first meeting after the chaotic and violent December 27 2020, EOC at the HICC. As per the Party’s constitution, the first sitting of the National Council after Congress is an extension of that Congress to finish the business of Congress.
Nowhere in the MDC-T Constitution does it equate an Extraordinary congress to an Ordinary Congress. The EOC had one purpose only, to elect a new President. It therefore goes without saying that the only business of that National Council sitting as an extension of that Congress should have been to finish that business. (Election of a President)
In what has become the new norm in the Party, the constitution was once again flagrantly violated. The disputed leadership of Douglas Mwonzora extended itself beyond deliberating on the outcome of the Extraordinary Congress and the ratification thereof.
True to form, Senator Mwonzora and his cabal forced prepackaged resolutions which had nothing to do with the day’s meeting and illegally approved them in spite of fiery opposition from the large portion of senior members of the Party. The USA Provincial Secretary Andrew Chaponda, was ejected from the meeting for moving a motion to address the only issue and purpose of the day, which was to deliberate the outcome of the December 27, 2020 Extraordinary Congress.
That motion read, “Move a motion that the events of December 27, 2020 failed to rise to the expectation of the Supreme Court sanctioned EOC and therefore should be declared null and void on the basis of lack of quorum, shambolic voters register and violence” amongst other things.
The Extraordinary Congress was ordered by the Supreme Court in its ruling of March 31, 2020 in the case between the MDC-T and Others v Mashavire. That case challenged the unconstitutional ascension of Nelson Chamisa to the Party’s Presidency after the death of our iconic leader Morgan Tsvangirai on February 14, 2018.
The December 27, 2020 Extraordinary Congress did not rise to the occasion as ordered by the Supreme Court, and therefore should be rendered null and void. The February 6, 2021 National Council reneged on its constitutional duty. It is a known fact that the Acting President Dr Thokozani Khupe stopped the proceedings of the Extraordinary Congress midway after gross irregularities were uncovered.
Three of the four candidates, Chairman Morgan Komichi, Eng Elias Mudzuri and Dr Thokozani Khupe abandoned the process midway after fake voters’ registers and rampant violence by militant delegates aligned to candidate Senator Douglas Mwonzora.
Furthermore, it has emerged that the delegates who attended the Extraordinary Congress did not constitute a quorum. In his legal opinion, Advocate Lovemore Madhuku noted the disputation of the Extraordinary Congress and opined that a Court of Law was the only body that could rule on the legitimacy of its outcome. Therefore, it is clear to all and sundry that the so called “win” by Douglas Mwonzora is premature until a competent Court renders its JUDGEMENT.
These are pertinent issues that all democratic loving MDC-T members would like to see addressed rather than swept under the carpet. Many councilors at the National Council meeting seconded Chaponda’s motion, but to the horror surprise of many, the Mwonzora captured leadership refused to attend to that matter, opting instead to eject Chaponda from the meeting.
There is a growing preconceived fallacy within the Party that such issues are to be discussed at appropriate Party levels. What other Party level supersedes the National Council which is the highest decision-making body in between Congresses?
Turning to the unconstitutionality of the prepackaged resolutions as reported in a Press Release by a beneficiary of the illegal appointment, one Witness Dube:
1. Senator Douglas Mwonzora has not been declared duly elected party President as the EOC itself is subject to contestation as it violated Article 6.2.5 through 6.2.7. Therefore, all appointments by him are null and void. The appointments further violate Section 6.4.3.6 through 6.4.3.7. This was not the first meeting after Congress but an EOC and therefore cannot be bastardized in support illegal appointments.
2. The amendment of the constitution to condone any intervening appointments is a function of Congress as per Article 6.2.3. (e) of the MDC-T constitution and cannot be done by the National Council. Therefore, that resolution is unconstitutional and should be rejected in its totality. What transpired at the NC meeting is a gross violation of this Article. The Extraordinary Congress had not made any proposals to amend the constitution, because that was not its mandate. The EOC was there for one purpose and one purpose only, to elect a new President, period.
3. The so-called resolution to expedite Party financial audit was so lukewarm as to condone the alleged theft. Instead additional motions specifically dealing with recusal and cooperation with Police Investigations were moved and seconded but again disregarded in violation of constitutional provisions that allow for debate and voting on such issues.
The National Council should not be abused to skirt around the outcome of the shambolic and violent Extraordinary Congress for political expediency. The same NC excitedly condoned Nelson Chamisa illegal ascendency and we all know how that turned out.
Furthermore, members of the MDC-T have to be reminded that it was the violation of the Party’s constitution that led to the Supreme Court ruling. It will be folly for any bona-fide MDC-T member to think that the Supreme Court ruling applied to Nelson Chamisa only. The MDC-T constitution is a sacrosanct document that guides the actions of the party. No one individual can and should be allowed to circumvent the constitution of the party notwithstanding the lemmings around him.
The constitution is very clear that the Treasurer General is the custodian of Party’s finances. Currently there is a police report on the theft of $6M from the party ABC Account by the same Senator Douglas Togarasei Mwonzora, under unclear circumstances, of which he has failed to account. We cannot have an unchecked kleptocracy.
We should never allow this great Movement which has seen many lives lost while defending its values, principles, ethos and character be destroyed by individuals with nefarious intentions who care for nothing but self-aggrandizement. They have turned this great party into a mob, where the don’s word is authority. Hell no, not on our watch.
The goings on in our Party would be a circus, if it wasn’t tragic for a Social Democratic Party to veer so wildly from its constitution and founding principles.
For that reason, we are putting the Party on notice that a legal challenge will be mounted in order to address the contested constitutional violations.
To all MDC-T cadres, hope is on the way. Darkness cannot supplant light and authoritarianism has short legs. Every legal avenue will be pursued not only to fully implement the SC judgement but to also hold accountable those playing fast and loose with party funds. This is our calling and that process begins now.
Den Moyo
MDC-USA, Chairman
mdc-usa.chairman-2011@mdc-usa.org
