MDC: National Council Resolutions

1 December 2005

NATIONAL COUNCIL RESOLUTIONS

1. Article 15 of the MDC Constitution:

15.1 In any place where the requirements of this constitution cannot be satisfied because of an omission or oversight in draughtsman ship, or because a body provided for has not been established, or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem, the National Council shall have the power to make such arrangements which in their opinion, satisfy the spirit of this constitution and shall seek approval for such arrangements at the next Congress.

  • Concern
    • . Convening of Council and Executive Meetings

The Constitution of the party does not specifically provided for conveners of the meetings of the above organs of the party.

The constitution only provides that the Secretary General shall ensure that such meetings take place as required by this constitution but does not give him specific powers to convene. The constitution therefore infers that such meeting shall be convened by the respective chairpersons of the said meetings. This is an omission and, or a procedural problem.

  • Resolution

That in terms of Article 15 of the Constitution, Council hereby provides that

  • the Chairman or the President of the Party shall convene all Council meetings; and the Secretary General -- through the secretariat -- shall ensure that all administrative arrangements are made to ensure that the meeting takes place as convened.

(b) all council meetings convened either by the President or the Chairman of the party prior to this resolution are valid;

  • that the President and in his absence, the Deputy President, shall convene all executive Meetings.

The motion was put to the meeting and the resolution was adopted.

2. Article 15 of the MDC Constitution

15.1 In any place where the requirements of this constitution cannot be satisfied because of an omission or oversight in draughtsmanship, or because a body provided for has not been established, or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem, the National Council shall have the power to make such arrangements which in their opinion, satisfy the spirit of this constitution and shall seek approval for such arrangements at the next Congress.

Concern

1.1 Ever since the meeting of the 12 th of October 2005, the Deputy President, Secretary General, Deputy Secretary General, and the Treasurer General have not availed themselves for any party meetings including the Management Committee, the Executive and the Council. This has had the effect of paralyzing party business.

1.2 The Constitution does not provide for an officer to act in the absence of the Secretary General, Deputy Secretary General and the Treasurer General

  • Motion
  • No individual office bearer is bigger than the party and the party which is the people shall not be held at Ransom by an individual office bearer
  • In terms of article 15 of the Constitution, and up to the next Congress, Council resolves that in the absence of the Secretary General, the deputy Secretary General and the Treasurer General, the Chairman of the party shall perform the functions of the said office bearers.

Resolution adopted.

3. Freedom of association, vote of no confidence motion -- availability of officers of Congress

1.0 Concern

1.1 Ever since the meeting of the 12 th of October 2005, the Deputy President, Secretary General, Deputy Secretary General, and the Treasurer General and Executive have not availed themselves for any party meetings including the Management Committee, the Executive and the Council. This has had the effect of paralyzing party business.

  • Motion

The Council resolves that pending their availability for party business, the National Council resolves to exercise its freedom of association by not associating with the Deputy President, Secretary General, Deputy Secretary General, the Treasurer General, the Secretary for Information and Publicity and the Secretary for Policy and Research, among others.

The resolution was put and adopted.

4. Treasury and money matters

 

Article 8.3 The National Council shall prescribe the manner in which funds shall be kept and the manner in which money may be withdrawn for party use, including a prescription of which officers shall be signatories to party accounts.

1.0 Concern

1.1 Ever since the meeting of the 12 th of October 2005, the Deputy President, Secretary General, Deputy Secretary General, and the Treasurer General and Executive have not availed themselves for any party meetings including the Management Committee, the Executive and the Council. This has had the effect of paralyzing party business.

1.2 The Secretary General and the Treasurer General have since the National Council meeting of the 12 th October 2005, not availed themselves to facilitate the funding of the programmes of the party including meetings and rallies.

1.3 The party has not had sight of audited accounts since inception

Motion

    • . The Council resolves that with immediate effect, and in order to facilitate the smooth operations of the party, the President and Chairpersons of the Party, the Women’s Assembly and the Youth Assembly become the only signatories of the party until further notice.
    • . That party seeks access to the bank accounts to enable it to conduct its normal business without hindrance.
    • . That the Treasurer General, with immediate effect, facilitate by handing over all books of account to an independent firm of Auditors who shall appointed by Council to prepare a full audit for the next Congress.

Resolution put and adopted.

5. Article 15 of the Constitution of the MDC

15.1 In any place where the requirements of this constitution cannot be satisfied because of an omission or oversight in draughtsmanship, or because a body provided for has not been established, or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem, the National Council shall have the power to make such arrangements which in their opinion, satisfy the spirit of this constitution and shall seek approval for such arrangements at the next Congress.

Concern

 

We have a provision in the Constitution for an Appeals Tribunal. The Tribunal must be set up by Congress. That did not happen at our last Congress, making it difficult for the party to handle a number of pending cases. In the interest of natural justice, appeals cannot wait until after our Congress in February. That would defeat the purpose and spirit of our Constitution and of the party.

Motion

That an appeals tribunal be set in terms of Article 15. The composition of the tribunal shall be determined by the council.

Resolution : That the matter be referred to the National Executive for reconsideration. The Constitution specifically states that such a body must be set up Congress.

6. Attempts to suspend the President – letter from Gibson Sibanda

 

The purported decision of the Disciplinary Committee of the 20 th of November 2005 is null and void and without any force or effect. For the avoidance of doubt that suspension is set aside.

As Council, our reasons are as follows:

  • In terms of clause 7.4 (b) of the Constitution, a decision of a party committee on a major policy issue shall not be implemented without the approval of the National Council. A decision to suspend the President is a major policy issue. It follows therefore that Gibson Sibanda and others breached this Constitutional provision.
  • Further and in any event, in terms of clause 10.5 of the Constitution, the powers of the Disciplinary Committee of suspending a member can only be implemented after due process and the member has been found guilty of a misdemeanor. The President has not been found guilty of any charge.
  • Members of the Disciplinary Committee in particular Messrs Tichaona Mudzingwa, Ena Chitsa, Innocent Gonese and Edith Mushore were never advised and invited to attend the meeting of the 20 th November 2005. The meeting was therefore not quorate and was improperly called for.
  • It is quite clear that Sibanda has acted both as complainant, prosecutor and judge in his own charge. The allegations made in the letter of suspension are exactly the same that Gibson Sibanda made and announced against President Tsvangirai on the 18 th of October 2005. Principles of natural justice demand that justice must not only be done but seen to be done.
  • Further, it is quite clear that generally the Disciplinary Committee as opposed to Congress cannot impeach the President.
  • Having noted the above, the council set aside the decision.
  • Alternatively, even assuming that Gibson Sibanda’s 20 th November meeting was quorate, in terms of clause 10.6 of the Constitution, we would uphold the President’s appeal and set aside the suspension and the decision to charge him.
  • The resolution was unanimously adopted by the Council.

In view of the National Council resolution dissociating the rest of the party from Gibson Sibanda and others, Nelson Chamisa, the national youth chairman and MP for Kuwadzana, Harare, was appointed the acting Secretary for Information and Publicity. He replaces Paul Themba Nyathi.