Tomana wants Tsvangirai arrested and prosecuted for his condemnation of a Supreme Court ruling which set aside the election of former Speaker of the House of Assembly, Lovemore Moyo.
Tsvangirai left Harare on Monday evening for a five nation regional tour to drum up support against President Robert Mugabe’s actions where he is set to meet the leaders of South Africa, Zambia, Mozambique, Swaziland and Botswana.
He is expected to meet South African president Jacob Zuma in his capacity as the mediator in Zimbabwe’s political talks and Zambian leader Rupiah Banda in his capacity as the Chairperson of SADC’s Troika on Defence and Security.
SADC are the guarantors of the Global Political Agreement which brought the transitional Government two years ago.
Tsvangirai’s regional tour comes in the wake of increased arrests of his ministers and Members of Parliament in recent weeks.
Tsvangirai last week attacked the Supreme Court ruling saying his party “will not accept the decision of some Zanu PF politicians masquerading as judges”.
“The decision is a clear reflection of the state of affairs at the Bench, the Judiciary which in the post-Dumbutshena and post-Gubbay era largely discredited itself by becoming a willing appendage of Zanu
PF,” Tsvangirai said.
“Dubious and pro-Executive decisions have been made in this era. We will not accept the decision of some Zanu PF politicians masquerading as judges. Zanu (PF) is trying to use the courts to subvert what it lost
in an election.”
Highly placed sources said Tsvangirai was likely to be charged under Section 82(1) subsections (a) and (b) of the Criminal Law (Codification and Reform) Act.
The section reads: “Any person who, by any act or omission, impairs the dignity, reputation or authority of a court – intending to do so or realising that there is a real risk or possibility that his or her
act or omission may have such an effect, shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.”
The same section, however, allows for fair and temperate criticism of the administration of justice, the conduct of a judicial officer or any other decision or proceedings of a court.
Last week the Supreme Court nullified Moyo’s election as Speaker of the House of Assembly, saying it was flawed.
This followed an appeal by Tsholotsho North MP Jonathan Moyo, MDC’s Moses Mzila-Ndlovu, Patrick Dube and Siyabonga Ncube, who challenged his election, arguing it was fraught with irregularities.
Tsvangirai’s MDC party has complained about abuse of the GPA, unilateralism by Mugabe and violence that has been on the rise since January.
Spokesperson for the Prime Minister, Luke Tamborinyoka, told RadioVoP that Tsvangirai will meet regional leaders among other stakeholders to press for Mugabe’s censure over his violations of the GPA.
Last week Tsvangirai threatened a divorce with his partner in the transitional government over continued abuses.
“If there is a breakdown in the relationship of the parties in the GPA, it is important for the parties to agree on a clean divorce. As far as we are concerned, the roadmap that President Zuma has committed himself to draw up is the only solution to this madness,” Tsvangirai said last week.