Home » Governance » Legal Perspective

LEGAL experts said if it is proved that the meetings held by the Biti and Tsvangirai factions of the MDC-T were inquorate, their resolutions would be null and void.

The Biti faction held a meeting at Mandel Training Centre which resolved to suspend party leader Mr Morgan Tsvangirai and five senior party members, while the Tsvangirai faction responded with a meeting at Harvest House on Tuesday that resolved to expel secretary-general Mr Tendai Biti and 10 legislators.

In the absence of a quorum, the lawyers said, neither group can enforce its resolutions and there will be a stalemate.

Mr Terrence Hussein of Hussein and Ranchod Legal Practitioners said it was likely that one of the factions would go to court in attempt to elbow out its rival.

“Where there is a dispute like this one at the end of the day only a court of law can decide,” he said. “Therefore, it looks like this matter is headed in that direction.

“Only the court is going to decide the dispute because if it doesn’t go to court this will be an endless debate and the organisation will not be able to move forward.”

Aocate Fred Gijima said if there was no quorum at either meeting then the gatherings were not lawfully constituted in terms of the MDC-T constitution.

“This means the status quo remains in that all of them remain members of the MDC-T,” he said.

Another lawyer who spoke on condition of anonymity concurred with Mr Hussein, saying one of the factions will have to approach the courts for declaration as to which one is the true MDC-T.

“The reason why this is important is that the issue has parliamentary implications for whoever the court decides is the true MDC-T will be the entity which will have the power to request the Speaker of Parliament to recall MPs that are no longer part of the MDC-T,” said the lawyer.

Source : The Herald