The Sunday News
Vusumuzi Dube Sunday News Reporter
A WEEK after opposition party MDC-T endorsed Bulawayo deputy mayor Councillor Gift Banda as the provincial chairperson to end a nine-month long leadership battle with Senator Matson Hlalo, the latter has suffered yet another blow after the High Court rescinded a default judgement barring Clr Banda from assuming leadership of the province.This comes amid revelations that the MDC-T is considering firing Sen Hlalo and subsequently recalling him from Senate for bringing the party into disrepute.
In the latest developments, High Court judge Justice Maxwell Takuva granted an Application for rescission made by the MDC-T president Mr Morgan Tsvangirai and Clr Banda noting that it was an error on the part of the court to grant the default judgement.
“During the hearing it became apparent that the certificate of service that was attached to the application for review does not relate to this case but to the urgent chamber application.
“This was accepted by both parties, including its legal consequence, namely that at the time the default judgement that was granted by the court was of the view that there was proof of service filed.
“In my view, this judgement was therefore granted in error, the fact that respondent attempted at a later stage to file the correct return of service is irrelevant,” said Justice Takuva in his judgement.
The granting of the application was made in terms of Rule 449 (1)(a) of the High Court’s Rules, which states that: “The court or a judge may, in addition to any other power it or he may leave or upon the application of any party affected correct, rescind or vary any judgement or order that was erroneously sought or erroneously granted in the absence of any party affected.”
With the granting of the rescission order, MDC-T, Mr Tsvangirai and Clr Banda have now been given 10 days to file their opposing papers against Sen Hlalo.
Meanwhile, the opposition party has reportedly given Sen Hlalo up to 30 August to withdraw his case opposing the election of Clr Banda, threatening that if he fails to do so he risks being expelled from the party and subsequently recalled from Senate.
Impeccable party sources revealed that the ultimatum was made by Mr Tsvangirai who not only ignored bickering and opposition from Sen Hlalo’s supporters but he also declared he would not entertain the Senator until he withdrew the court case.
“The president was clear that he will only entertain Hlalo after he withdraws the court case, of which if he fails to do so by 30 August he will be expelled from the party,” said the party source.
Addressing party members last week, Mr Tsvangirai admitted to having divisions within the party, and called on party members not to attempt to fast-track the MDC-T congress that is being called for by members aligned to the Hlalo camp.
“If Hlalo does not withdraw his case from court, he is set for a bleak future within the party because he did not follow procedure and denigrated the party.
“There is too much division within the party and we cannot focus on the 2019 party congress as is being suggested by some party members,” said the source.
Contacted for comment, Clr Banda said it was now all up to Sen Hlalo to decide his fate as it was becoming clear that he had no case.
“As the big tent we obviously want to work with everyone even Sen Hlalo himself. Don’t forget it’s not about Hlalo or Banda, it is all about the party. Right now the buck lies with Hlalo.
“He knows what he must do, it’s either he listens to the (party) president’s advice or nothing because with this High Court decision it is now clear that he will also lose that route as well,” said Clr Banda
Efforts to get a comment from Sen Hlalo were fruitless as his mobile phone continuously went unanswered.
In the initial default judgement, High Court judge Justice Martin Makonese had noted that Hlalo’s proclamation in challenging Banda’s period as a bonafide member of the party had substance and this meaning the deputy mayor was not eligible to be considered in the race in the first place.
