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this year was a party decision and not her personal move.
Mrs Misihairabwi-Mushonga was responding to a court application by 20 party members seeking the reinstatement of sacked rapporteurs – Maxwell Zimuto, Morgan Changamire, Godfrey Gumbo, Oswell Dziike, Lucia Dapato and Knowledge Tshuma – to the constitution-making process.
She said the idea of suing her in her personal capacity was wrong since she simply conveyed the message from the party.
In a notice of opposition filed at the High Court recently, Mrs Misihairabwi-Mushonga said the members could have sued the party and not her.
She added that the exclusion of MDC from the list of respondents was fatal to the affected members and would render the order sought meaningless.
Mrs Misihairabwi-Mushonga categorically stated that she was the legitimate party secretary general who was recognised by every structure of the Inclusive Government.
The secretary-general position, she said, earned her the posts of party chief negotiator in the Global Political Agreement, Jomic co-chairperson and co-chairperson for the Copac management committee.
She urged the High Court to dismiss the application.
In an interview, the lawyer, who is representing the affected members, Mr Obey Shava, said Mrs Misihairabwi-Mushonga’s response was filed out of time and that she ought to have applied for lifting of the bar.
“At the moment I have not yet received further instructions in so far as the notice of opposition is concerned.
“I can only say that the notice of opposition was filed out of time and there is an automatic bar that operates against a litigant who fails to file papers within the stipulated time-frame in terms of the High Court rules.
“I am not sure if the third respondent has made any application to deal with the lifting of the bar,” Mr Shava said.
The 20 argue that the dismissal of the five was a decision by Mrs Misihairabwi-Mushonga that was not sanctioned by the party.
They argue that she had no authority to cause their dismissal adding that the decision should be nullified.
Among the respondents were the Constitutional and Parliamentary Affairs Ministry and the Parliament of Zimbabwe.