Judgment reserved in Mliswa, Zivhu case
THE High Court yesterday reserved judgment in the case in which Norton legislator Mr Temba Mliswa wants the court to dismiss Zanu-PF Chivi North MP Killer Zivhu’s defamation case against him for want of prosecution.
Zivhu is fighting to have reversal of judgment after the High Court dismissed his $1 million defamation case against Mliswa.
Mliswa opposed the application for rescission of judgment in which Zivhu delayed in filling his heads of argument and also filed an application for dismissal of an application for want of prosecution. Mliswa’s lawyer Mr Ignatius Goto submitted that the main application for rescission of judgment is hopeless and meritless.
“Respondents does not enjoy prospects of success in the main application. They failed to show the nature and extent of the prejudice he is going to suffer if the application is granted,” said Mr Goto.
“The delay was unreasonable. They were aware of the set down date of the matter, did not attend and chose to complain later.” “The issues they are raining now were to be raised at the special plea.” In response Zivhu’s lawyer Mr Paul Machiridza said they delayed filling court papers due to electricity load shedding.
“The delay is of eight days and cannot be inordinate. The application for dismissal of application for want of prosecution is overtaken by events because the application for rescission of judgment is now pending,” said Mr Machiridza.
“Judgement against my client was irregular and erroneous. The matter was set down out of time and after pleading to the merits.”
Justice Dube-Banda who presided over the matter will make a determination of the application for dismissal of an application for want of prosecution.
The suit arose from Mr Mliswa’s alledged sustained denigration of Cde Zivhu using his social media platforms from 25 April last year.
ZANU-PF Second Secretary and Vice President Kembo Mohadi will next week lead a team to supervise the setting up of District Coordinating Committees (DCCs) in Bulawayo.
This comes after the successful establishment of DCCs in Harare last month.
VP Mohadi is in charge of the restructuring of Bulawayo Province following the decision by President Mnangagwa to dissolve the Harare and Bulawayo provincial party structures.
DCCs were disbanded in 2012 after it was felt that they had been hijacked by elements that sought to manipulate party structures to foment factionalism and disharmony.
In an interview yesterday, Zanu PF national political commissar Cde Victor Matemadanda said the setting up of Bulawayo structures will start with a Provincial Coordinating Committee (PCC) meeting on Monday next week to lay the ground rules.
“There is need for setting up of registers, vetting of members who are expected to participate, printing of ballot box and finally conduction of the election.
“The process is expected to take one and a half weeks to ensure we set proper structures,” said Cde Matemadanda.
Chairpersons from the party’s other provinces are expected to assist in monitoring the setting up of the structures.
The DCCs are expected to play a pivotal role in the co-ordination of party activities.
All card-carrying Zanu-PF members in Bulawayo will be eligible to vote for members of the proposed DCCs, whose prospective candidates will be vetted next week after the submission of their CVs.
Zanu-PF is starting from the DCCs as the basis of setting up the party structures in Harare and Bulawayo since the provincial structures were dissolved earlier this year by President Mnangagwa after reports of factionalism and divisions dogged the restructuring process. Bulawayo province comprises five Zones and the restructuring programme will proceed to deal with the other provinces which have not been facing any challenges in terms of organisation.
The restructuring of Harare and Bulawayo is meant to prepare the party for 2023 elections.