Biti and his cohorts are in a big fix

The legality of MDC suspensions from a layman of my stature.

By Brighton Musonza

Checking on the common law provisions outside case law governing convening of meetings or deriving from the dictates of the party constitution outside Congress. Even Wannachi (Tendai Biti) knows as he can’t stand in a court of law and win this one. 

The elected Chairman of Congress prevails in all forms otherwise; to protect the party, by not attending gatherings deemed to be outside the prescribed roles, duties and obligations as tasked by Congress.

Just by not attending, the Chairman and his deputy acted within Congress to protect the party, a role tasked to them by Congress. Its basic stuff.

I’m beginning to doubt Biti’s well celebrated knowledge of the law. Chairman and his deputy have the duty and obligation to do things and not to do things and that includes not attending gatherings deemed to subvert Congress.

Biti and his cohorts are in a big fix because if they don’t win in court that means he will be booted out of Parliament. A Secretary-General has no business dispatching notices of disciplinary action without consultation with the Chairman or his deputy or unilaterally co-opt unelected Council of elders without consulting a full NEC. Its basic stuff all round.

Members of the party in between Congress are expected to act within the rules of engagement as prescribed by last congress, anything outside that is a palace coup that has no legal standing even in a Village court presided over by a VIDCO Chairman.

If the group that met yesterday had a quorum, then they should have referred all matters to a disciplinary committee within Council and there was no need to co-opt an unelected Council of elders usurping the roles of Congress. That is very much undemocratic and looks to be against the principles these renewal people are fighting for.