Political Correspondent
The Bulawayo High Court has confirmed Sibangilizwe Nkomo as the President of the Zimbabwe African People’s Union (ZAPU), dismissing a challenge from five former party members who questioned his eligibility.
Justice Bongani Ndlovu ruled that Nkomo met the party’s membership requirements and that his election during the 2021 elective congress adhered to ZAPU’s constitution.
Background of the Challenge
The plaintiffs, known as the “Mat South Five”, argued that Nkomo’s nomination violated party rules, claiming he had not maintained the required five consecutive years of membership. They contended that Nkomo had ceased to be a member in 2011 due to non-payment of subscriptions and only rejoined in 2019. They also sought reinstatement to the party after being expelled in November 2022.
Key Findings of the Court
Justice Ndlovu addressed several critical issues during the trial:
- Membership Duration: The court found that Nkomo had been a member of ZAPU since 2010 and that his membership had not lapsed due to non-payment of fees. The judge noted that ZAPU’s constitution did not state that non-payment resulted in automatic termination of membership.
- Eligibility to Stand for Election: The Court ruled that Nkomo was eligible to run for President, as his continuous membership was established.
- Constitutionality of Section 8:19: The court upheld this section of ZAPU’s constitution, which requires members to seek approval from the National Executive Committee (NEC) before approaching the courts. Justice Ndlovu stated that while the clause may seem onerous, it is not uncommon to have limitations on rights within democratic frameworks.
- Exhaustion of Domestic Remedies: The court noted that the plaintiffs had not fully exhausted internal party remedies before seeking legal action, although it acknowledged the frustrations they faced.
Conclusion
The court’s ruling reinforces Nkomo’s position as ZAPU President and emphasizes that internal party disputes should be resolved within the party structures rather than through the courts. Justice Ndlovu did not impose costs on the plaintiffs, recognizing their challenges in addressing grievances with ZAPU’s leadership.
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