BULAWAYO High Court judge Justice Francis Bere yesterday reserved judgment in a case in which MDC-T chairman Morgen Komichi is suing former party deputy president Thokozani Khupe and her allies over use of the party’s name and logo.
BY SILAS NKALA/ NQOBANI NDLOVU
Komichi’s lawyers, Josphat Tshuma and Lucas Nkomo, had filed an urgent chamber application citing Khupe, former national organiser Abednico Bhebhe and former party spokesperson Obert Gutu as respondents.
Khupe’s lawyer Lovemore Madhuku opposed the application.
After both parties presented their arguments, Justice Bere reserved judgment to Tuesday next week.
The MDC-T is seeking an order stopping the respondents from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs”.
Komichi, in his founding affidavit, submitted that Khupe and others were dismissed as members and office bearers of the opposition party on March 23, hence they could not continue using the opposition party’s symbols.
He accused Khupe of masquerading as MDC-T leader and the party’s presidential candidate in the forthcoming elections.
Khupe insisted that she was MDC-T acting president, arguing the party’s constitution gave her the locus standi to claim the post following the death of party founder Morgan Tsvangirai on February 14.
Madhuku argued that Chamisa’s faction was supposed to give the court the party constitution to buttress their argument and their reason for not doing so was because they knew that Khupe and others were aware of its contents.
Khupe, in her founding affidavit, said she was concerned that Chamisa imposed himself and sought to consolidate his “coup d’état” efforts by refusing to hold an extra-ordinary congress to choose a new substantive leader.
In a related matter, Khupe yesterday filed a Constitutional Court application challenging her expulsion from Parliament.