The Supreme Court appeal by MDC leader Nelson Chamisa against a High Court ruling which nullified his presidency has left his rivals confused. The application was made on the eve of the MDC elective congress which opens today in Gweru.
According to Tonderai Bhatasara, a Harare lawyer, the appeal suspends the judgment of the lower court. Speaking to the Daily News, Bhatasara said:
If you note an appeal, it suspends the judgment of the lower court. In this case, the noting of an appeal by the appellants will have the effect of suspending the judgment by Justice Mushore.
He added that implementing the High court ruling was not a walk in the park. Bhatasara added:
The problem in this case, however, is that the judgment itself is difficult to enforce. It ordered the conducting of an extraordinary congress after 30 days; I don’t think the 30 days have elapsed. So the applicants in the Supreme Court appeal are not yet in contempt. The order has got so many terms but the most critical one is the holding of an extraordinary congress, which is not yet ripe.
The remarks by Bhatasara are preceded by a High court ruling yesterday afternoon which dismissed an application by Maureen Tavengwa which sought to bar Chamisa’s party from conducting the elective congress.
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