Daniel Nemukuyu Harare Bureau
ZIMBABWE People First founding members Didymus Mutasa and Rugare Gumbo yesterday withdrew a High Court application in which they were contesting their expulsion from the ruling Zanu-PF party.
Mutasa and Gumbo, who were last year expelled from Zanu-PF for allegedly trying to topple President Mugabe, will now pay legal costs incurred by the Zanu-PF leader and party in defending the now aborted court application.
The duo was seeking to nullify the ruling party’s 2014 congress and the amendments made to the revolutonary party’s constitution.
They argued that the December 2014 congress was a nullity and that it was held in breach of the party’s constitution.
The pair also sought nullification of the constitutional amendments made and adopted at the congress.
The notice of withdrawal was filed yesterday morning at the High Court by the duo’s lawyers Mbidzo Muchadehama and Makoni.
They stated: “Take notice that the applicants hereby withdraw their application against the respondents. The primary reason for the withdrawal is that the matter has been overtaken by events.
“Further, take notice that the applicants hereby tender the respondents’ wasted costs on an ordinary scale.”
The two argued that the removal of some party members from the Central Committee and any refusal of others from contesting for the same positions in 2014 was in breach of both the party’s constitution and the Supreme law of the country.
It was the pair’s argument that failure by the party to hold elections for the positions of Vice President, second secretaries and the national chairperson was unlawful and in violation of Zanu-PF’s constitution.
The duo also argued that all votes of no confidence passed against various party structures and individuals between October and December 2014 are inconsistent with Section 68 of the Constitution of Zimbabwe.
Terrence Hussein of Hussein Ranchhod and Company represented President Mugabe and Zanu-PF.