The main opposition party has been facing a lot of wrangles, especially on its members taking sides of either Chamisa or the other Khupe. Former Harare mayor Herbert Gomba and five other councillors who were recently dismissed from the Thokozani Khupheled MDC-T have filed an urgent application with the High Court seeking to nullify their expulsion from the party.
The other councillors are Hammy Madzingira, Kudzai Kadzombe, Gaudencia Marera, Happymore Gotora and Costa Mande. In a move that has riled the Khupe-led opposition party, Harare has since elected MDC-A ward 17 Councillor Jacob Mafume as the new mayor beating MDCT’s Luckson Mukunguma.
Cited in the application is the Movement for Democratic Change (MDC-T) and Minister of Local Government and Public Works July Moyo as first and second respondents while the City of Harare(CoH) and Zimbabwe Electoral Commission(ZEC) are the third and fourth respondents respectively.
In their founding affidavit deposed by Gomba, he said they are also seeking for a declarator that SI29 of the Constitution does not allow the recalling of a mayor, chairman or councillors on the basis of changing political affiliation.
“This is an urgent chamber application in terms of 032R244 of the High Court rules 1971 to render the purported vacancies in respect of ward 27,10,41, 32, 17 and 7 by second respondent(City of Harare)and third respondent (July Moyo) and the instance of the first respondent(MDC-T) declared null and void.
“The application seeks a declaratory order that no recall of a mayor, chairperson and councillors shall be of force or effect unless or until the second respondent(COH)has complied with section 278(2) of the constitution of Zimbabwe,” reads the application.
Gomba said on August 14, 2020, MDC-T wrote to the City of Harare declaring that him and other councillors ceased to belong to the opposition party and that their membership had been terminated.
He said they only learnt of their dismissal through social media as they were not served with a copy of the letter and him and other applicants advised council that there is an anomaly in the misinterpretation of section 129 and 278 of the Constitution.
Council had a letter dated August 17 and instructed by ZEC that they had been expelled from the party and that the respective wards have become vacant. The case is yet to be heard.