THE High Court has dismissed an application by MDC-T Senator Matson Hlalo seeking to bar Gift Banda from acting as the opposition party’s Bulawayo provincial chairperson pending the outcome of his Supreme Court challenge.
BY SILAS NKALA
Justice Francis Bere on Wednesday ruled that the High Court had no jurisdiction on a case pending in the Supreme Court.
He questioned why Hlalo had decided to use two courts for the same case at the same time.
Gift Banda
Hlalo’s latest application came after High Court judge Justice Maxwell Takuva granted MDC-T’s application for rescission of judgment passed by Justice Martin Makonese that blocked Banda from assuming the chairpersonship.
He also recently filed an appeal at the Supreme Court challenging the rescission granted by Makonese and filed another High Court application seeking an interdict order barring Banda from being recognised as MDC-T Bulawayo provincial chairperson pending the Supreme Court case.
The party, represented by Kholwani Ngwenya, opposed the application arguing that the same case was before the Supreme Court.
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In his application, Hlalo, who was represented by Godfrey Nyoni, had submitted that since their case was pending at the Supreme Court, it was illegal for Banda to continue performing the chairperson’s duties.
Hlalo also submitted that the elections conducted by the party for the election of Bulawayo chairperson must be set aside, as Banda did not qualify to be chairperson in terms of Article 5.5.2 of the party’s constitution.
He sought an order for himself to be declared as the only eligible candidate and duly elected chairperson.
In rescinding Makonese’s judgment on the matter, Takuva said: “In my view, this judgment was granted in error. The granting of the application was made in terms of Rule 449 (1)(a) of the High Court’s rules, which state 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 judgment or order that was erroneously sought or erroneously granted in the absence of any party affected’.”
Hlalo is accusing the MDC-T of imposing Banda as chairperson yet he did not qualify for the position.
