Bulawayo High Court judge Nicholas Ndou in February issued an interdict against Mutambara barring him from “exercising any function vested in the president of the MDC.”
Mutambara had refused to give way to Ncube after he was beaten to the post of MDC president at the party’s congress last year.
The robotics professor after initially conceding defeat at the January congress changed tact and joined about 12 MDC officials who were contesting the Industry and Commerce’s Minister elevation to the party’s top post.
MDC is the first applicant and its secretary general Priscilla Misihairabwi was the second applicant in the case to stop Mutambara from “masquerading as the leader of the party.”
“The respondent (DPM Mutambara) is interdicted from purporting to be the President of the Movement for Democratic Change.
“(He) is interdicted from exercising any function vested in the president of the Movement for Democratic Change,” the order reads in part.
“The respondent is interdicted from, in any way, interfering with structures and organs of the party.”
The MDC says Mutambara has violated the order by his continued stay as DPM, a position which according to the Global Political Agremeent is reserved for Ncube’s faction.
President Robert Mugabe and Prime Minister Morgan Tsvangirai have refused to put pressure on Mutambara to resign saying the courts must be allowed to deal with the matter without any interference.
Mutambara claims that the MDC congress where he was one of the main speakers was unconstitutional and has put his weight against former chairman Joubert Mudzumwe and others who have launched a High Court challenge against Ncube.
Deputy Speaker of Parliament Nomalanga Khumalo is the only MP from MDC who has publicly pledged her loyalty to Mutambara while the rest of the legislators say they support Ncube.