Douglas Mwonzora must listen to Komichi about quorum. Reinstated MDC-T 2014 deputy chairman Morgen Komichi knows very well when meetings can make binding decisions, that is, when there is a quorum. However, Douglas Mwonzora doesn’t seem to have the same level of wisdom in that regard as he insists the WhatsApp “council” meeting held by the faction he belongs to can make legitimate decisions when it did not make a quorum.
Komichi is quoted by a local weekly publication saying the standing committee of the MDC-T 2014 structures had not met because they needed enough numbers from the 2014 standing committee members in order to form a quorum that could make binding decisions.
Mwonzora told the media that a request by 158 out of the 191 members of the MDC-T 2014 structures for the standing committee to meet and discuss the Supreme Court ruling and the proposed extraordinary congress was “too little, too late” since another national council meeting had already set the date for the court-directed extraordinary congress. What an arrogant person who is supposed to be a professional lawyer and purports to uphold constitutionalism! Mwonzora should know very well that it doesn’t pay to make shortcuts, as proved by Elias Mashavira in his court bid.
I would encourage all people of Mwonzora’s ilk to pay heed, and this includes MDC-T leader Thokozani Khupe, Elias Mudzuri, Komichi, Lovemore Madhuku, among others. And especially for Khupe, the Supreme Court ruling mandates you to lead this process, so do not allow Mwonzora to spoil it for you. He may have his own unconstitutional agenda which could tarnish your image, so please deal with him.
And remember Khupe, that in terms of section 6.2.6 of the constitution, decisions pertaining to the holding of an extraordinary congress shall be made and communicated to members of the national council, and council means a properly constituted council with a quorum, and anything short of that is not legitimate.
Also note, Khupe, that according to section 22.214.171.124 of the MDC constitution, an emergency national council meeting may be convened on the basis of a petition signed by at least one-third of the members of the national council provided that at all material times, only the president or any person specifically delegated in writing by him or her shall have the right at any time to convene a meeting of the national council.
Mwonzora wants to parade himself to the world as a champion of constitutionalism and rule of law, yet he does not respect constitutional requirements for a quorum. Mwonzora, my advice to you is: You can’t have it both ways, and please note that the world is watching. Do the right thing —follow the constitution.
Failure to follow the constitution does not produce an MDC-T that fits the Supreme Court judgment and any product of the extraordinary congress that does not meet the specific processes laid out in the constitution will be the MDC-T that is not in line with the Constitutional Court ruling, and therefore, cannot purport to be the party that Mashavire took to court.
Source – NewsDay
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