High Court douses Chamisa flame

THE war over the use of the MDC-T name and logo between party president, Nelson Chamisa and former deputy president, Thokozani Khupe took a new twist yesterday, after High Court judge, Justice Francis Bere ruled that the two parties should approach an arbitration court for a determination on the matter.

BY SILAS NKALA

Justice Bere said it was not clear which MDC-T was the legitimate one between the Chamisa and the Khupe-led factions.

He said the argument can only be resolved through arbitration.

Justice Bere’s ruling came after the Chamisa-led MDC-T, represented by acting chairperson, Morgen Komichi filed an urgent application seeking to bar Khupe and her allies from using the party’s trademark, symbols and signs.

Chamisa’s camp was represented by lawyers, Josphat Tshuma and Lucas Nkomo, while Khupe, former national organiser, Abednico Bhebhe and former party spokesperson, Obert Gutu, who were represented by Lovemore Madhuku, were cited as respondents.

“It is not clear as to which MDC-T is the correct one and I cannot make a determination on the matter. This can only be made by an arbitration court,” Justice Bere ruled.
After the judgment was delivered, Komichi’s lawyer, Nkomo said they were disappointed by the ruling, adding they would study the judgment before lodging an appeal at a higher court.

“We are very disappointed by the ruling and we are going to study the judgment and see how we can appeal further to the other highest court,” he said.

“The court has all the documents that clearly show which is which, but we were taken by surprise when the same court said it is not clear which MDC is the correct one.”
In the application, Komichi was seeking an order interdicting Khupe and others from “unlawfully” using the party’s name in their political agenda.

In his founding affidavit, Komichi had submitted that Khupe and others were dismissed as members and office bearers of the opposition party on March 23, 2018, and they had no reason to use the party’s name and logo.

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

He further said notwithstanding the dismissal, which effectively terminated their memberships, they had continued to present themselves as not only MDC-T members, but office bearers, thereby, causing confusion amongst party supporters.

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

However, Khupe insisted she was the MDC-T acting president, a position she assumed by operation of law in terms of article 9.21.1 of the party’s constitution following the death of Morgan Tsvangirai on February 14 this year.

Madhuku had argued that Chamisa’s faction was supposed to give the court the party constitution to buttress his argument and that the reason for not doing so was because they knew Khupe and others were aware of its contents.

In her founding affidavit, Khupe had said she was concerned that Chamisa imposed himself and sought to consolidate his coup détat efforts by refusing to follow the dictates of the constitution, adding her group was the genuine MDC-T.

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56 Comments

  1. Comment…Its simple! In 1980, a similar case arose over the name ‘ZANU’ between Mugabe and the late Ndabaningi Sithole and the latter won in high court but Mugabe had the people behind him and he rebranded to ZANU-PF. Chamisa can rebrand to MDC Alliance and remain with the people

    1. true indeed. That is wisdom

      1. But there is no wisdom in the MDC Chamisa right now! They should done an indepth and honest SWOT Analysis of the situation before going to court. Honestly, there is a much bigger legal battle on who is the legitimate leader of the MDC – T. Many people saw this coming. If not careful, the MDC Chamisa will find themselves without a name just before election day. That’s what happens when people fail to understand their own party’s constitution!

    2. @Anonymous. That is not true. The PF was inserted after the 1982 Gukurahundi Unity Accord; with ZAPU, prefixing it as PF-ZAPU. Before then, ZANU was ZANU and Ndabaningi led ZANU – Ndonga!

      1. Mukwirivindi WaMazungunye

        You are wrong. ZANUPF was there before elections in 1980. ZANU and ZAPU had agreed to fight elecetions as PF, patrotic Front during the lancaster House conference. But ZANU later founf out that it can get majority votes o is own and reneged, then changed to ZANUPF. ZAPU also kept the PF

      2. @Oskido, It was not called ZANU Ndonga, It was called ZANU Mwenje then.

    3. My thoughts too, thanks

  2. Yes. Very true and correct. Forthwith Chamisa should rebrand to anything and the people will follow.

    1. Yes, and Zimbabweans are so you used to following anything, like we did with Mugabe for 37 years!

  3. crying kuti they are cozing confusion to someone who benefits from the confusion is on the other hand fueling the confusion is like confirming kuti pamatitsika ndipanorwadza. then he ll be like thats exactly wat i want. stop wasting time with these courts. make progress where u can

  4. Comment…the high court intervention will not garner votes for either side, its just a waste of time and resources. khupe is a spoiler – she behaves alike Mandi Chimene.

    1. The MDC- T’s so called National Council fertilised the ground for Khupe to play the spoiler, period!

  5. Rebranding is the best way to go so as to make your followers aware of the new brand in time Muchasvika kumaelections fighting for a name and to your disadvantage. whilst issue is in court take measures now

  6. Not easy for Chamisa to rebrand. MDC is a brand which neither of them can afford to loose. People need MDC and not Chamisa in person. They are ready to effect changes within MDC and not from another party. Let him try and see who will go with him. Elections time inosvika vamwe vanhu kumaruzevha vave kuziva chokwadi about party yake. But its Chamisa’s problem because Secretary General Mwonzora and Vice President Mudzuri even warmed him.

  7. Let this be decided by the people in the ballot box. Chamisa stop all court cases and concentrate on campaigning. In 1980, there was Zanu(Ndonga) led by Sithole which won the court battle to use the name.Mugabe and his colleagues then rebranded to Zanu(PF) AND won the 1980 elections. MDC split in 2005. The Ncube group contionued to use the name MDC AS the claimed they were the genuine MDC. Tsvangirayi and company then rebranded to MDC-T. MDC-T went on to won 74% of the votes cast amidst the then ongoing land reform programme and the 2005 split. Chamisa you have the people. Stop this madness of court battles and let the electorate decide. This matter has become politicised and I suspect ZANU’S hand in all this. REBRAND TO MDC ALLIANCE OR ANY SUITABLE NAME

    1. Rebranding is the best way to go it won’t take more than a month for the whole Zimbabwe to know the difference between the parties

    2. Not true. The PF was inserted after the 1982 Gukurahundi Unity Accord; with ZAPU, prefixing it as PF-ZAPU. Before then, ZANU was ZANU and Ndabaningi led ZANU – Ndonga!

      1. Commander Guvamatongo

        In 1980, Mugabe contested using ZANU-PF after Sithole claimed ZANU. Nkomo contested using Patriotic Front(PF) leaving out ZAPU as had been agreed at Lancaster House Conference between ZANU and ZAPU that they will contest as one under PF. But Mugabe later changed his mind and decided to go with ZANU but Sithole won the right to use ZANU hence Mugabe had to add PF to ZANU.

  8. Very interesting.Previously neutral observers like me saw this coming.Now I’m happy for mam’Khupe and Chitova. I like the way Chitova (Obert Gutu) is crowing about the rule of law and constitutionalism-that is vintage stuff,my guy!!! After all is said and done, ED has my vote!!

    1. Thumbs up Ginimbi! We have been labelled ZANU people when we tried to objectively look at Chamisa’s ascendancy. We all saw this coming. Check comments from Chibaba and Anonymous supporting the breach of the MDC-T Constitution in support of Chamisa. It just shows how some people have disregard for rules and laws. If Chamisa prevails of the wave of this misguided support base, then we should brace ourselves for a Mugabe re-incarnation!

  9. Hapana nyaya apa. Just re-brand and move on with the momentum. Chamisa answered to the call of the people. Weather or not he breached any chapter of the constitution of which I doubt is immaterial. It is the voice of the people that actually wanted him to take over the leadership even if Tsvangirai was still alive. MT knew about it hence all these maneuvers he made to ensure the will of the people prevails. For your own information congresses are the most undemocratic ways of installing leaders. They only work when the congressional delegate are honest people. In most instances congressional delegates push their own agendas ahead of the people they purport to represent. In most cases these congresses are manipulated by self serving people who unilaterally ignore the will of the people.

    1. So, what is the basis for having Chamisa over Mudzuri or Khupe!? So, the so-called National Council was rational!? You are so anti-democracy!

  10. Thumps up to Mudzuri. Thumps up to Mwonzora and all the leadership of the party for finding it fit to give power to one who deserves it at that particular point. You will be remembered for the good deeds you have done to this nation. Go go go Pastor, we are behind you all the way. Don’t be dismayed nor be discouraged. Its your year and nothing is going to stand in your way. Remain forcussed and resolute to the very end vanosvotwa vachingosvotwa, vanovukura vachingovukuraaaaaaaaaaaaaaaa. Just rebrand your party baba and move on.

  11. Commander Guvamatongo

    All this could have been avoided if due constitutional and democratic principles that the MDC claims to stand for had been followed.

  12. HAPANA HAPANA YOU CAN NOT RESIST THE WAVE OF CHANGE THAT IS COMING, WATCH THE SPACE. ZANU IS ON ITS WAY OUT.

    1. Prepare for the shock of your life, hama!

  13. Kuwiriranakwakanakakugarakunzwanana Garanewakomurudohamandishe

    Comment…Hayo mazano kubva kuvanhu mayererano nezvakaitika 1980.
    Nezuro ndakanyora ini kuti, kune mapato maviri chete ezve matongerwo enyika muZimbabwe, Zanu PF neMDC-A. Twumwe twese utwu atwuna HWARO. Nekudaro, twurikutsvaka noto chete, kuti vakwanise kuendesa vana kuzvikoro
    kunze kwenyika nekuvaka misha inoyevedza. Kubva pamari dzinopiwa mapato ezvematonterwo enyika nguva yesarudzo. Twumapato twunongonyuka nguva yesarudzo chete. Ko nguva yese iyi twunenge twuripi, twuchiiteyi? Bato risina hofisi kana motokari. Dzidzayi kuziva vekupa mari yevanhu munguva yesarudzo. Kwete kungotambisa mari vanhu vachitambura munyika. Sezvo munhu asina makore makore mashanu ari muDistrict asingakwanisi kupinda musarudzo. Bato risinawo makore mashanu rarongwa arifanirwiwo kukwikwidza musarudzo.

    1. Very strange view. So the MDC should not have contested the 2000 elections!? Are you really thinking!?

  14. Its true that all important government institutions and ministries are run by ED. The reason why there was no final judgement to rectify this confusion is that ZANU-PF is now playing an invisible hand in favour of Khupe-Zanu their best chance now to derail the Movement. Its all about causing as much confusion as possible until we reach elections… Come June Chamisa will be in trouble because at this moment I don’t think if its only Khupe who has been infiltrated… There are several more insiders vakatopanduka …Only time will tell… Khupe wakupenga ngekudyre finance ye Zanu wapandukira vanoshupika nevasina mabasa

    1. Very true on insiders vakapanduka kare, especially the National Council of the MDC-T. It really jeopardised the MDC’s real chance of wrestling power from Zanu Pf. They are complicit with Zanu Pf’s dirty tricks, by not elevating Chamisa through a litigation-free process.

      1. Commander Guvamatongo

        There is no infiltration. MDC-T brought sell-outs on their own. They brought back Welshman Ncube a well known operative and threw the tried and tested Khupe under the bus. They forgot the Ben Menashe treason case in 2002 where MRT was tricked and trapped by the same man.

  15. chamisa woyeeeeeeeee 2018 chakachayaaaa chinjaaaa maitirooooooo

  16. I also think rebranding would be the way forward and let Ma Khupenga take the mdc-t

  17. Muchivukura kudaro I have to remind you that Chamisa is young everyone will vote for him. Murukutyei. Morally aChamisa haasi kuzara vanhu here.

    Obsesion yenyu naChamisa vamwe mobatwa BP manje manje

  18. Masvingo a Govere

    The learned judge was bound to make a ruling and I see nothing wrong with that if there was no hand behind. My take is that, there were material facts of dispute, the only way forward was to have a full trial and have the matter resolved once and for all. The learned judge`s judgment leaves a lot to be desired, maybe in his full reasons for judgment he addressed the requirements for an interdict well. It will not surprise to see another judge giving a different judgment.

  19. pamberi nemusangano

  20. Chamisa must just go back to brand MDC risina mutupo.

  21. People want change people know mama Khupe was paid $3,1 million by security agents to stabilise the MDC Alliance. Madhuku is being bankrolled by Zanu PF. They last met on Monday 23 April 2018 on deliberations. Part of the strategy agreed is to ensure Khupe faction gets full media coverage, If any of the so called Chamisa faction engage in retaliatory violence against Khupe faction, they will be caged immediately, the political parties funds will be handed over to Khupe faction and not the Chamisa one. The Chamisa faction will however be covered in the media but as a violent and confused faction without any clear vision. ZTV, Herald and the Chronicle have already been instructed not to publish any pictures of Chamisa rallies showing big multitudes. Some Zanu pf youths will be used to cause havoc in Chamisa or Khupe faction but all blame will be levelled against Chamisa faction.

  22. People want change people know mama Khupe was paid $3,1 million by security agents to stabilise the MDC Alliance. Madhuku is being bankrolled by Zanu PF. They last met on Monday 23 April 2018 on deliberations. Part of the strategy agreed is to ensure Khupe faction gets full media coverage, If any of the so called Chamisa faction engage in retaliatory violence against Khupe faction, they will be caged immediately, the political parties funds will be handed over to Khupe faction and not the Chamisa one. The Chamisa faction will however be covered in the media but as a violent and confused faction without any clear vision. ZTV, Herald and the Chronicle have already been instructed not to publish any pictures of Chamisa rallies showing big multitudes. Some Zanu pf youths will be used to cause havoc in Chamisa or Khupe faction but all blame will be levelled against Chamisa faction.

  23. Chamisa has my vote

  24. The clear thing is Khupe remains in terms MDC-T constitution, has the correct argument but does not have the following only thru biased reasons.I think if she so chooses may retain the name;and itz again clear Chamisa has drifted from their former word together with the larger group,may b are free to rebrand & start a new thing altogether.Most of their traditional supporters will clearly opt for Chamisa camp.Majority support itz obvious is not guided by principles & good sense but bias &backward disinformation

    1. I think you have a point. I am part of the traditional MDC supporters who have decided to be apolitical given the circumstances surrounding the MDC leadership. Whoever advised the late President Tsvangirayi to handpick two other party deputy presidents made sure Zimbabweans would never see another rule except Zanu Pf’s. So sad a scenario

  25. Komrade Khumalo

    KHUPE IS SMILING ALL THE WAY TO THE BANK I THINK. A JOB WELL DONE THROWING SPANNERS IN THE OPPOSITION CAMPAIGN MOMENTUM. ZANU-PF SHOULD HONESTLY REWARD HER. BUT THAT IS NOT THE END OF THE DREAM FOR DEMOCRACY THOUGH.

    1. No need for Khupe to smile all the way to the bank, here. If she was really paid by Zanu Pf, then it was money for nothing, as every objective Zimbabwean would have seen the problem created by Chamisa’s ascendancy. It was a matter of time! Some of us saw this coming, but you chose to be clouded by excitement, not facts, and constitutionalism!

  26. I think the only most contending points are the MDCs being anti-black empowerment,anti-poor;pro-white dominance & trying an attempt for the return of the former oppressors against zanu pf economic failures in urban areas-employment,prices increases& the rest of the economic rot-we will see which will defeat which in july.May b zanu pf is making all effort on the new open for business mantra,while the opposition are trying to b friends of the liberation war after accused of being fronts for white come

  27. This is the flip side of democracy. Power obsessed leaders end up crumbling formidable parties thereby paving the way for high-handed leadership to continue reigning. Chamisa and Khupe must reconcile, sanitize and redeem the MDC-T ‘s image to its original status to give Zanu PF a run for their money. The current tussle is a catalyst for their competitors to deny the people a free and fair election as the opposition is too fragmented to make any electoral demands. Two cannot walk together unless they agree.

  28. nehanda nyakasikana

    use of logo and brands in just one and possibly the smallest of the arguments. The crux of the matter is about legitimacy and in that comes with rights and access to party property and the purse. You can only re-brand that which you have ownership over..the timing does not favour the opposition camp but when the judge suggested arbitration i think he is all but telling these guys to go and find each other amicably and avoid opening themselves to manipulation by the court processes. This is a matter for an out of court settlement because Chamisa only re-brand himself as an individual and not the party in general…and must have resources to form a new party and fund the campaign. He can’t re-brand mdct as a party because legitimacy is still to be determined by the courts which is a dangerous playing field for them

  29. nehanda nyakasikana

    Chamisa and Khupe should take the judges advice and settle their grievances outside the courts

    1. As long as Chamisa continues to be mis-informed and ill-advised by the so-called National Council, that’s the end of the MDC!

      1. nehanda nyakasikana

        I agree there are criminal vultures surrounding chamisa

  30. There’s no problem here, the T stands for Tsvangirai who is now late & therefore both sides will have to rebrand anyway

    1. nehanda nyakasikana

      CONTROL OF PARTY PROPERTY AND FUNDS NDIPO PANE NYAYA YESE…WITH OR WITHOUT THE “T”. REBRANDING IS VERY EASY BUT WHAT TO REBRAND IS THE ISSUE HERE…THE ONE WHO HAS CONTROL OF MDCT AS AN ENTITY IS THE ONE WHO HAS THE POWER TO REBRAND IT.

  31. Chakuyinga Chakuparonda

    Comment…MDC-T, Morgan Tsvangirai. MDC-N, Welshmen Ncube. Nhasi Morgan Tsvangirai apasisina. Gadzirisai poita mazita emapato asina zita remuchakabvu. Kana muchidyiwa modyiwa, kana muchikunda mokunda. Kana muchibirwa, mobirwa zvine mutsindo.

  32. Chakuyinga Chakuparonda

    MDC-T, Morgan Tsvangirai. MDC-N, Welshmen Ncube. Nhasi Morgan Tsvangirai apasisina. Gadzirisai poita mazita emapato asina zita remuchakabvu. Kana muchidyiwa modyiwa, kana muchikunda mokunda. Kana muchibirwa, mobirwa zvine mutsindo.

  33. Donara that guy

    I think Justice Bere should have just banned the Khupe cabal form using the logos because they were fired whether legally or illegally fired. the Khupe Cabal will then have to approach the courts challenging there expulsion.
    Seems the Justice is working with information from the street.

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