On Tuesday, High Court judge justice Bharat Patel ruled that the congress held by the party in January 2011 was above board and declared Ncube constitutionally elected.
Justice Patel threw out an application by Jobert Mudzumwe, Morgan Changamire and other MDC members aligned to the Mutambara faction, who had sought to nullify the outcome of the congress and the election of the party’s national executive.
But in an appeal on Wednesday, Mudzumwe and the other Mutambara loyalists appealed to the Supreme Court, seeking the setting aside of Patel’s judgment.
Through their lawyer Alec Muchadehama, the applicants said the High Court judge had misinterpreted the MDC constitution and had erred in ruling that Ncube had complied with the party’s supreme law.
“It is also submitted that the court…erred in holding that the provisions of 1st respondent’s constitution had not been violated. The court…erred and misdirected itself in holding that proper elections were held,” reads part of the appeal.
“It is also submitted that in any event the elections were presided over by a person who was not constitutionally authorised to do so thus making the elections outcome null and void. The Appellants pray that the order of the court dismissing application be set aside.”
They want the congress that declared Ncube as party leader declared null and void with a fresh congress held within six months of the court’s determination of the case.