The Douglas Mwonzora led MDC has filed an appeal with the Supreme Court, challenging a recent high court ruling to annul the party’s 2022 congress.
In a judgement handed down on the 28th of February 2025, the high court, through Justice Zhou, nullified the opposition party’s 2022 Congress saying it didn’t meet the requirements of the MDC Constitution.
Justice Zhou’s judgement reads:
“The applicants state that the purported National Congress failed to satisfy Articles 6.2.4.1 and 6.2.4.2 in that no notice was conveyed to the organs two months before National Congress nor was any notice conveyed in any National newspaper a month before the election.
“Mr Kadoto in his submissions conceded to the fact that the notice of the Congress was not compliant with the time stipulations. The courts have authority to interfere with the internal affairs of a political party where there is breach of the constitution which brings identity to the party.
“In this case there is clear breach of a Constitutional clause as conceded by the respondent and therefore the Congress must be declared null.
“The further allegations made by the applicants are that the women’s Congress wasn’t held, which is necessary for the delegates of that organ to be properly represented at the National Congress.
“Article 6.4.3 does not allow the National Council to sit as a Congress. There was no representation of the women. This shows there was gross procedural irregularity which renders the purported Congress void. The position was buttressed in the case of Minerals Marketing Corp of Zimbabwe vs Mazvimavi 1995 (5) ZLR 353 (S) where an appeal was dismissed on the basis that the disciplinary committee has failed to follow the requirements of the code as to who had to be part of a disciplinary committee.
“The court in that case considered this irregularity as rendering the proceedings by the tribunal voidable at the instance as it prejudiced the respondent.
“Moreover, the applicants allege that no elections were held. The minutes show that the Secretary General and the Treasuerer General were not elected at the Congress. Articles 6.5.3 of the first respondent’s Constitution outlines the Secretaries and office bearers who compose of the National Executive Committee.
“The procedural irregularity was clearly against the constitution and it renders the election process void and thus making the whole Congress a nullity. Conclusively, the applicants are entitled to the relief that they seek.
“The applicant asked for costs on the higher scale. The special order of costs isn’t justified on the facts of this case as there is no reprehensible conduct to warrant the imposition of the punitive order.
“In the result, IT IS ORDERED THAT:
1. The application for a declaratur be and is hereby granted.
2. The purported National Congress held in December 2022 by the second respondent as the National Congress of the first respondent be and is hereby declared null and void for non compliance with the first respondent’s Constitution.”
The applicants in the case were former Vice President Engineer Elias Mudzuri and other former party members Edward Kakora, Gift Kanjama, Den Moyo and John Nyika.
After the High Court victory, Elias Mudzuri immediately held a press conference and expressed joy at the ruling.
He said as the reinstated Vice President, he would lead the party to its next Congress which will elect new leadership.
Douglas Mwonzora however fired back, saying he’s still the legitimate leader of the party as the 2020 Congress, which elected him President hadn’t been annulled. He has claimed full control of the party.
The prominent Harare lawyer has also approached the Supreme Court, to challenge the high court ruling.
Below is the full MDC statement regarding the appeal:
“The Movement for Democratic Change has filed an appeal in the Supreme Court against a recent judgement issued by Justice Zhou to annul the party’s 2022 Congress which was filed by former MDC Members Elias Mudzuri and his followers.
This effectively means the Justice Zhou judgement is automatically suspended.
“The MDC has assembled a strong legal team, to argue its case and we believe that we have a strong case.
“For the Record.
“We also need to set the record straight that Justice Zhou did not invalidate Senator Douglas Togarasei Mwonzora’ s Presidency and the Extra Ordinary Congress of 18th of December 2020.
“Which means that Senator Douglas Togarasei Mwonzora is still the legitimate leader of the MDC since the same EOC is prescribed in the MDC Constitution and was also ordered by the High Court and upheld by the Supreme Court and nobody challenged this Congress.”