Home » Governance » Defiant Mangoma Finally Takes Tsvangirai to Court

SUSPENDED MDC-T deputy treasurer general, Elton Mangoma has finally taken party leader Morgan Tsvangirai to the High Court for alleged breach of the party’s Constitution when the former Premier presided over his controversial suspension.

In his founding affidavit deposited with the High Court Tuesday, a defiant Mangoma described his boss as a man of weak and impaired judgement.

Mangoma went on to cite among the respondents, the MDC-T as a party, party chairperson Lovemore Moyo and Tendai Biti, who is MDC-T secretary general.

“In this application, I seek to set aside the decision of the Second Respondent (MDC-T)’s National Council to refer disciplinary proceedings against me to an independent tribunal, which decision was purportedly taken in terms of Article 12.1 of the Second Respondent’s Constitution on the 7th of March 2014,” he said.

Mangoma stands accused of undermining the party’s leadership and putting the name of the MDC-T into disrepute when he continuously placed his arguments for leadership change through the media.

Faced with possible ouster from his comrades, Tsvangirai, then, responded by calling on the party’s grassroots and convened a shadowy meeting with the party’s 210 district chairpersons.

Mangoma, who was part of the meeting, was attacked by hordes of party youths as he exited the party’s headquarters after the meeting.

He then wrote another damning letter accusing Tsvangirai of instigating his attack and reacting to his proposals with violence.

In the High Court application, Tuesday, Mangoma accused Tsvangirai of “Breach of the audi alteram partem rule in that my right to be heard before the aerse decision of suspending me was taken, has been infringed in this matter. Breach of the nemo iudex in sua causa rule in that my right to an impartial and procedural fair administrative process has been infringed by the Respondents”, among a litany of issues he raises.

The former Energy Minister also argues that the proceedings that led to his suspension had gross irregularities and were illegal.

“… in that the decision making authority, the National Council failed to arrive at a decision by the required two thirds 23 majority which could only be ascertained through a vote,” he says.

According to Biti, the party’s national council did not vote.

“The tragedy is that we did not vote on the matter,” Biti told reporters at a hastily arranged press conference after the suspension.

Mangoma also argues that his rights in terms of the Administrative Justice Act [Chapter 10:28] have been flouted by the Respondents and accuses Tsvangirai of abuse of authority and lack of leadership.

“The manner, in which they proceeded against me, is a sad story of malicious, vindictive improcedural activities that violate the rule of law and justice. Ironically, a major value upon which the Second Respondent itself has been founded,” he says. “Indeed regrettably, this application exposes, how bare the leadership of the Third Respondent is and how he is unqualified and unfit as an individual to speak of the values of democracy, the rule of law, never mind the question of fitness to govern this country. “As appears below, his resort to violence, malice, gossip and illegality, place him in the very same camp, as a headmaster if not principal for that matter against all the bad values and principles that the Second Respondent was formed to fight against.”

He goes on to say Tsvangirai has been compromised by his close association with Zanu PF, including the “women in his life” as well as the government house in which he is currently staying, bought for him by the State during his tenure as Prime Minister.

“Another issue that has severely compromised him are his well-documented sexual escapades, marital affairs and extra marital affairs. The facts for instance, the two occasions he has “married” into Zanu PF families have not done him any good. If anything, his private life has simply reflected what many now know, that he is a man of weak and impaired judgment,” he said.

As a concerned loyal member of the party, Mangoma said he has raised the issue of preserving Tsvangirai and the party’s legacy.

He said the issue of leadership renewal had been raised before in various meetings and forums of the opposition party.

“In the middle of January of 2014, it became clear to me and others, that the Third Respondent was digging in, fighting wars against perceived opponents inside the party whom he thought were after his post,” he says.

The former Energy Minister goes on to say Tsvangirai had agreed during a meeting that was also attended by party deputy president Thokozani Khupe and Biti that MDC-T party was facing a crisis of confidence.

Mangoma said after he handed Tsvangirai the initial letter in January, he realised the founding MDC-T leader was not going anywhere.

“It then hit me at that moment that this is a man who all along had lived and believed that he was a god or a messiah of some sort, who walked on water and could not be challenged or questioned. Indeed it hit me at that moment that this man was no different, from those in the leadership of other parties, that our party had been fighting against since 1999,” he argues.

Mangoma also argues that Tsvangirai should never have chaired the meetings because he had a vested interest in the outcome thereof.

Mangoma also has something for party organising secretary Nelson Chamisa, who is among top party officials who have steadfastly defended his continued tenure.

“Although this man purports to be a super Christian, the fact of the matter is that all his actions in the organisation have been driven by greed, malice and unabated ambition. He has been driven by desire to destroy the organisation as evidence by his chaotic conducting of our primary elections in 2013,” he says.

Mangoma also accuses the young MP of having been behind his February attack by party youths.

Source : New Zimbabwe