High Court judge Justice Bharat Patel had dismissed an application by Joubert Mudzumwe challenging Ncube’s ascendancy to the top post at the party’s congress last year. But lawyers representing Mudzumwe — Mbidzo, Muchadehama & Makoni — filed a notice of appeal at the Supreme Court saying Justice Patel misdirected himself when he made the ruling. They argued that the ruling was based on a misinterpretation of the MDC constitution. “The learned High Court judge misdirected himself, such misdirection amounting to a misdirection of law in his interpretation of the 1st respondent (MDC)’s constitution,” reads part of the notice. “The learned judge erred in holding that 2nd respondent had complied with the mandatory provision of the 1st respondent’s constitution. “The High Court misdirected itself in that proper elections were held. It is also submitted that in any event the elections were presided over by a person who was not constitutionally authorised to do so, thus ...
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