Chamisa, Khupe square off

LAWYERS representing former MDC-T deputy president Thokozani Khupe, who is being sued by the Nelson Chamisa-led MDC-T over use of the party name, symbols and signs yesterday sought postponement of the hearing to allow lawyer Lovemore Madhuku to take over the matter next week.

BY SILAS NKALA/ NOKUTHABA DLAMINI

Through Kholwani Ngwenya, a lawyer with Mabhikwa and Partners, Khupe submitted that they were seeking postponement of the hearing which was set for yesterday to next week.

“I have got an instruction to seek the postponement of the matter to pave way for Madhuku to take over the case. Madhuku has promised to come down on Tuesday and he is the one who will be representing the respondents,” Ngwenya said.

Bulawayo High Court judge Justice Francis Bere upheld the request and postponed the matter to Tuesday on condition Madhuku will be available on behalf of Khupe and others.

This was after Chamisa’s camp represented by Josphat Tshuma and Lucas Nkomo had filed an urgent chamber application at the Bulawayo High Court, citing Khupe, former national organiser Abednico Bhebhe and former party spokesperson Obert Gutu, as respondents.

The MDC-T is seeking an order stopping the respondents from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs”.

In his founding affidavit, MDC-T acting chairperson Morgen Komichi said he was seeking an order interdicting the respondents from unlawfully using the party name in their political agenda and infringing on registered trademarks.

He said the trio were dismissed as members and office bearers of the opposition party on March 23.

Komichi said Khupe and her allies were causing confusion and misleading MDC-T followers by continuing to use the party trademark, symbols and signs.

He said notwithstanding the dismissal, which effectively terminated their membership; they have purported to present themselves as not only MDC-T members, but office bearers, thereof, and, thereby, causing confusion among party supporters.


Komichi accused Khupe of masquerading as MDC-T leader and the party’s presidential candidate in the forthcoming elections.

But Khupe, through her lawyer, filed on opposing affidavit, insisting that she was MDC-T acting president. She argued that she became acting president by operation of law in terms of article 9.21.1 of the party constitution upon the death of Morgan Tsvangirai on February 14.

Khupe accused Chamisa of imposing himself and seeking to consolidate his “coup d’état” efforts by refusing to follow the dictates of the constitution.

She said her group was the genuine MDC-T, labelling Chamisa and others as rebels.

Khupe and allies were expelled by the national council after they ignored an ultimatum to make peace with it in seven days.

34 Comments

  1. Sibongile Ncube

    Just take the money Advocate Madhuku.

    1. Mike Baramasimbe

      Thol’kuthi uManduku is a member of the MDC Alliance and yet he’s representing a rival candidate. Kanti vele kwenzakalani mam’Khupe???

  2. Comment…khuphe is acting like Mandi Chimene. no one can stop her delusional thinking, so I urge Advocate Madhuku to take that money.

  3. and the writer should also add that Khupe was fired from Parliament by MDC-T…kkk tora imali madhuku

  4. Ngazvirehwe Sezvazviri

    The law does not operate as you think. You will be shocked when Khupe wins the case because the party constitution was violated.Time will tel.

    1. Lier,it was not violated.You are ignorant on how the MDC operates.

      1. @ mutekede, that’s a typical response from an MDC hoodlum!!

    2. Khupe cant win the case she was fired by national council not Chamisa ko iye inga ari regerei kuita misangano even Tsvangirai ari mupenyu and hapana chakasiyana to be voted and been apointed by the Presindent remember in Zimbabwe we use one centre power Tsvangirai akaisa varume avo vaviri zvoreva kuti vane masimba vano sarudza vanoda asi dai Chamisa akanga asiri VP taiti a bvuta masmba zvino council ine about 42 members 6 chete vorega kuuya kumeetng zvine musoro here izvozvo

      Chamisa og MDC T apa akadzingwa same court iyoyo pama hofice kkkkkkk kutamba ne nguva uku

    3. how was it violated please explain!!!!!!!!!!

  5. let only the courts point to us the real MDC-T between the Chamisa & the khupe camps,we hope the courts will b provided with the MDC-T constitution papers,the courts will b able them & interpret the documents for the rest of us & put the whole saga to rest;we will have to know exactly which camp is the original party as per their constitution,having more people is not the same as the constitutional dictates;many people can be offside while one struggles to maintain constitutional dictates & retains the identity of the original party.And I suspect Khupe could retains the controversial constitutional mandate

  6. the courts will examine the MDC-T constitution papers & be able to come up with the just & correct position

    1. @addmore gudo, but then the constitution has been doctored to suit Cde Wamba dia “Mamba”‘s machinations!!!

      1. the high court already removed khupe from the bulawayo office so if you lost an office what else can u win from mdc t madhuku take the money

  7. True dat,as we stand currently MDC is in Limbo and has no leader.

    We urge all media houses to label both Chamisa and Khuphe as desputed leaders until the impasse is solved

  8. We urge all media houses to be neutral and stop favouring Chamisa as the MDC leader while coining Khuphe as the splinter leader until the whole impasse has been resolved

  9. Comment…deda makhuphe sinyathele i zanu pf imakancane ngenkantolo mkhaya sizoyilungisa indaba yakho lubala lolu Chamisa has my vote akujiki!

  10. khupenga kwarooooo khupenga kwarooooooo.khupe u have failed before u start educated failure namadhuku wako mese muri madofo but madhuku idofo rakangwara rikukudya mali

  11. MDC USES THE PARTY ORGANS TO MAKE DECISIONS. IF KHUPE OR ‘KHUPENGA KWARO AS IT IS BEING REFERRED BY OTHERS IN THIS PLATFORM; WISH TO MAKE HER OWN DECISIONS USING HER OWN ORGANS, LET HER GO TO PROSTITUTION SO THAT SHE USE HER OWN PARTS TO ENJOY WHAREVER SHE WANTS. DRUGS SHE IS USING ARE ONLY NECESSARY IN THE FIELD OF PROSTITUTION.

  12. Whom the gods would destroy, they first make mad with power. High headedness has finally landed the opposition impasse to the court. This in my opinion is the last nail in the opposition coffin. Although the matter is sub juice, parties are led by constitutions and whether or not the constitution was followed after Tsvangirai’s death will be determined by the court. Moreover, it remains to be determined the distinction between the MDC-T and the MDC Alliance, the two outfits that Chamisa purportedly leads. Inasmuch as I would wish the opposition to remain intact, Khupe retains an upper hand in the case as Chamisa settles with the Alliance. This would be a big blow that may place the opposition hopes of winning in the abyss. Although the matter has irretrievably swollen, l still preach the gospel of reconciliation to rejuvenate opposition hopes, if any.

  13. Whom the gods would destroy first makes mad with power. The two leaders’ high-headedness has finally landed the legendary party in the courts ditching all opposition’s hopes of winning in the abyss.

  14. Masese Padhorobha

    Be careful what you say… The law is an arse for sure!!! lol

  15. Khupe should have approached the courts when Chamisa & Mudzuri were appointed vice presidents by Dr Morgan Tsvangirai. Why did she have to wait for Tsvangirai’s death to bring forward her case. As it stands she is not only challenging Chamisa but also the late Tsvangirai

  16. Zimbabwe has been destroyed by INCOMPETENT LEADERS VOTED INTO POWER BY A POPULATION LESS INFORMED POLITICALLY. VOTE NKOSANA MOYO, A LEADER WITH A TRACK RECORD IN ECONOMIC BUSINESS LEADERSHIP. ZIMBABWE REQUIRES A TECHNOCRATIC LEADER IN POWER NOT INEXPERIENCED INCOMPETENT CHAMISA. WAKE UP ZIMBABWE.

    1. Richard Branson cannot add 1+1 but he is a very successful business person. Far from it; Zimbabwe does not need a technocrat or rocket scientist at all because they are all clueless. What Zimbabwe needs is a leader with a strong vision, democracy, rule of law and moral compass in their DNA. Above all, they must be humble enough carry the torch of aspirations of the people and have sufficient clout to bring together a successful bunch of worthy ministers that can deliver. Last but not least, they must have a real heart in their chest cavity!

  17. Mr Mackenzie Dandajena

    Zimbabwe has been destroyed by INCOMPETENT LEADERS VOTED INTO POWER BY A POPULATION LESS INFORMED POLITICALLY. VOTE NKOSANA MOYO, A LEADER WITH A TRACK RECORD IN ECONOMIC BUSINESS LEADERSHIP. ZIMBABWE REQUIRES A TECHNOCRATIC LEADER IN POWER NOT INEXPERIENCED INCOMPETENT CHAMISA. WAKE UP ZIMBABWE.VOTE APA

    1. Sorry mate, I disagree with you.. Zimbabwe has never had leaders. This country has had heartless rulers who are worried about themselves and their staying power.

      Leaders are really hard to come by. People that know that they are in their positions to serve the people and it’s absolute privilege to do so. Leaders know that they are not the custodians of any revolution but the people. They have the wisdom to know that leadership is not about absolute power but a race and that the baton must be passed on to the next leader.

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  19. continue the confusion you mdc thugs as the election days are numbered, todakukurakashayi togokurakashaya mogoziva kuti zanu inorakasha tigongotonga tichingotonga..

  20. Khupe will win here period. That council is a fraudulent one. Congress represent wish of millions of party supporters and council is just few individuals

    1. The Council is the mini congress in between congresses. they have the power to make such decisions until another congress is held. You underestimate the power that the council has. Even when Morgan was president, the council had the power to recall him if there were reasons to do so but they just could not do it because he had too much political influence, he had become a godfather. If Khupe was clever she could have chosen to fight the battle whilst whilst you are inside attending all the meeting, that would have been a better strategy, it is easy to win the hearts of other comrades when you participate in party projects. You can’t go for 9 months without attending executive meetings only to come and claim to be the president after the former president has died it doesn’t work that way. Good Luck to Dr Khupe but i am convinced she knows she won’t win this issue, this is just time buying to cause frustrations zvechifinhu.

  21. Both Khupe and Chamisa were legitimate VPs appointed by Tsvangirayi!So Khupe should have contested these appointments when Tsvangirayi was still alive.Khupe is fighting a losing battle comrades!

  22. KHUPE IS RIGHT, IF YOU PROMOTED TWO TO THE RANK WHICH WAS HELD BY SOMEBODY, THAT MEANS THE RANK NOW HAVEGOT THREE PEOPLE, THERE IS A SENIOR WHO WAS SURPOSE TO BE RESPECTED SO KHUPE WAS SURPOSE,TO CHAIR THE COUNCIL WHICH CHOSE CHAMISA. GUYS DONT UNDER RATE THIS CASE,EVEN 1.8 YOU WILL GIVE BACK TO KHUPE.ITS NOT YOURS.

  23. KHUPE IS RIGHT, IF YOU PROMOTED TWO TO THE RANK WHICH WAS HELD BY SOMEBODY, THAT MEANS THE RANK NOW HAVEGOT THREE PEOPLE, THERE IS A SENIOR WHO WAS SURPOSE TO BE RESPECTED SO KHUPE WAS SURPOSE,TO CHAIR THE COUNCIL WHICH CHOSE CHAMISA. GUYS DONT UNDER RATE THIS CASE,EVEN 1.8 YOU WILL GIVE BACK TO KHUPE.ITS NOT YOURS.

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