Biti response to Mangoma suspension

MDC-T Secretary General Tendai Biti has criticized a move by the party’s national council to suspend Deputy Treasurer General Elton Mangoma arguing that the decision was “voidable” because proper procedures were not followed. 

“The national council says they have suspended Mangoma, but clearly it’s a voidable decision. What he Mangoma is going to do I cannot speak for him.

“I am speaking as the secretary-general of the party and I want to see this party remain united and focused. It’s a sad day that the MDC mutates into something worse off than Zanu-PF.

“No vote took place during the national council meeting. When we say two-thirds majority, it’s not two-thirds majority of the members present, but of the nominal members of the national council members, which is around 130.

“In (Friday’s) meeting we were about 82. The people who were there cannot constitute two-thirds. The crime here is we did not vote. Some people were asked to say something and some were quiet,” he said.

Biti also claimed the meeting did not constitute a quorum because many members from Matabeleland North and South, Manicaland and other provinces were suspended and replaced by new people.

He said the party constitution provided that an official elected by congress like Mangoma was supposed to receive different treatment when instituting disciplinary measures and his case could not be handled the same way as that of an ordinary party member.

He said due processes were not followed according to section 12 of MDC-T’s constitution.

“The secretary-general of the party prepares charges and as a legal practitioner, my office was not involved in drafting the charges,” he said.

Another lawyer Clever Muringi had a different take on the matter, telling Nehanda Radio “Mangoma was suspended not expelled. He will exercise his right to be heard in his defence before the tribunal.

“Biti a seasoned lawyer knows that suspension requires no notice, neither is there any natural justice rule requiring him to be heard before being suspended. I wouldn’t know about the composition of the council but Biti has already demonstrated a propensity to mislead in this instance.”