Madhuku’s fangs out against Chamisa

LAW expert Lovemore Madhuku has lashed out at the Nelson Chamisa-led MDC-T faction for criticising the ruling of the court case in which rival leader Thokozani Khupe won the battle over the use of the party name and symbols.

By Nokuthaba Dlamini

Madhuku made the attacks when he was giving a keynote address at a Zimbabwe Teachers’ Association (Zimta) meeting held in Victoria Falls yesterday.

He said all courts stood guided by facts and had no interest in meddling in political fights and, therefore, the Chamisa-led faction had no right to criticise Justice Francis Bere’s ruling.

“The courts use the Constitution to deliberate and determine if you are wrong or right,” Madhuku said.

“Freedom of association entails responsibilities of internal arrangements that you must put in place. For instance, the Bulawayo case, some people thought that it was political and it’s very unfortunate because courts are not there to make political decisions, a court exists to make decisions based on the law. The decision in Bulawayo was purely in terms of the law.”

Madhuku represented Khupe in the court case in which MDC-T acting national chairman Morgen Komichi dragged the now late party leader Morgan Tsvangirai’s deputy of 10 years to court over the use of the party name and symbol after the split of the former labour backed party over leadership wrangles.

He added: “That is why I have said to Nelson Chamisa that you want to be the president of your party, but the constitution says when the president dies, immediately, the deputy president takes over automatically up to the extraordinary congress.

“Their constitution says the [deputy] presidents are appointed in the congress. There is no court in the world or Mars that could have ruled in favour of Chamisa. You do not go to court while you are on a weaker position, but that is what they did.”

Madhuku said if organisations decided that they no longer wanted the existing laws, correct procedures must be taken to amend their constitution.

The conference runs under the theme Freedom of Association and the Right to Collective Bargaining, an Imperative to the Education System in Zimbabwe.

33 Comments

  1. Comment…Thus,Great rule of law

  2. Poor madhuku we will silence you and your khupe in months to come.you will certaily leave zimbabwe like what jona did.How can you stole people”s victory for zanu-pf money that why you lost uz post.

    1. that’s how you create monsters like Mugabe. you easily get carried away with blind loyalty to individuals when you should seek to strengthen the institution. Chamisa was wrong to undermine an institution that that safeguards democracy. Kupera may not be the right candidate to take over the MDC but she is right on the basis of the same Constitution that Chamisa helped create. Chamisa cannot cherry pick sections of the Constitution that he likes. Such behaviour makes him dangerous, he is another Mugabe in the making. ED may have his issues but people need to wake up and think for 1 moment, let’s for 1 moment stop this blind loyalty to individuals, let’s build strong institutions.

  3. Which people, which victory. This has nothing to do with us non mdc-t people. Your Chamisa couldn’t follow his party’s constitution is he expected to follow the country’s constitution.

    1. ADOPT THE BRITISH CONSTITUTION !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  4. Mobocracy which refers to suppression of laws by the mobs is clearly what Chamisa & team are geared on-leaving everybody wondering if there would b n respect for laws,human rights etc in Chamisa gvt if he is elected come july or august.This party is well documented with such kind of leadership,now that history has repeated itself after Tsvangirai forgot that he was a leader & went on to implement the decision of the minority when the majority had said otherwise;the decision he was comfortable with himself;on the 2005 senate issue dispute-leading to their first notorious split.Tsvangirai later justified himself on mobocracy again

  5. khupe should by now know that its not enough to have the part name, more is needed some people tried it before and it failed. Chamisa is now a brand. Khupe for the 10 years you were deputy president you failed to make an impact what makes you think you can do it now.

    1. ‘..were deputy president you failed to make an impact what makes you think you can do it now’ Then spending 10 years in the party who was ”impactless’, that is the reason why this country will never progress cause we keep useless pple in positions. There are so many of them in Chamisa camp who are more useless than Khupe

  6. This whole saga leaves all wondering what TYPE of a presidency will this Chamisa one b,a type which will b guided by a person’s selfish tendencies rather than by our laws & constitution

  7. In words and deeds, the MDC-T should preach constitutionalism and practise the same. By failing to sort their succession mess constitutionally and subsequently aspiring for a subjective judicial ruling, they defeat their cause. Without being economical with the truth, we reap what we sow. The brainchild of the current tussle is failure to abide by the constitution in appointing two more VPs. At this point in time, we are burying our heads in the sand on what the party constitution entails, thereby subjecting it to diviseness and we should expect the end product sooner rather than later. Its time to reflect on the genesis of this misunderstanding and make amends lest we call it quits.

    1. MUGABE CHANGED THE CONSTITUTION TO COMMUNIST
      ADOPT THE BRITISH CONSTITUTION
      TUMIA HAKILI KIDOGO

  8. What constitition are you talking about Nikuv??? Chamisa and MDC-T National Council did follow the Constitution. Of the 3 equal VPs in MDC T, their highest decision making body chose whom they wanted simple…, there is nowhere in their constitution which says Khupe is the first vice president or superior than chamisa and mudzuri!! They are all equal. What the court should be dealing with is the case of former Commander in chief Mugabe. And prove to us the constitutionality of the movement of tanks from the barracks without the knowledge of the then commander in chief mugabe on November 15 last year. Was the abduction of Dzamara constitutional?

    1. Waakuradirwa Mugabe are serious?

    2. GET WITH IT, YOU ARE UNDER MUGABE CONSTITUTION NOW
      GET RID OF IT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  9. Comment…chamisa was appointed by the nec of the party which makes him the leader.Chamisa has people supporting him,you can bank on the law but if you don’t have followers you are nothing.Tsvangirai keeps ticking because he had numbers.Chamisa don’t loose hope because of this .We will reach canaan.

  10. tawanda chibaya

    which brand?????tibvire kumhepo iwe.A young who can do anything to take power without following procedures!!zvino zvamudzokera.this shows he is just power hungry.

  11. Tawanda who is better Mbuya vane cancer,Baba vakadya poison and a clean young man at 40.where do you put your money common sense please its about future shaa

  12. pana nero ini vote pfeeeee furu sitopu

  13. khupe angasina vanhu coz most of the top guyz dzemdc dziri kunacHamisa so congress makaita muri three naGutu. technically you are also on the reciveing end. so dont be fooled. madhuku knows it. akambozviita naMutasa uyu akadya mari yamutasa vs mugabe

  14. No one disputes that Chamisa can emerge victorious in a free and fair nomination exercise. The bone of contention is that the party undergoes a vigorous exercise for the winner to meet the constitutional threshold while the losers lose convincingly. A party that operates constitutionally cannot allow boardroom appointments, gentlemen’s agreements or tetes-a-tetes’ arrangements to ‘ordain’ such a high officeholder. Unless we develop a talking culture within our parties, a split will be obvious every election season

    1. BUT GET RID OF MUGABE CONSTITUTION IMMEDIATELY

  15. Comment…mazimba ndosaka tichitambura zvakaita mugabe ndozvakuitwa nachamisa mugabe used majority vanhu mukubvisa sithole muchimutuka muchiti mutengesi same same khupe democracy is abiding by the laws mogoti makadzidza muchitadza kuona izvi hamuna kudzidza makangonoverenga mukaisa musoro hazvina kuzoshowa pamafungiro everything in life zvoda kuanalyse kwete kungobvuma

  16. Poor journalism, can people not see that this is a one sided story. However it’s madhukus opinion, kufungawo kwake

  17. Comon sense and instinct tells me chamisa will not be inagurated head of state of zim. The Sorry part of it is while others tend to go back to their former trades after a political write off, Nelson will be unemployed since he is being defeated by the law where he is supposed to be an expert (advocate). sorry mwana wezhira yekwedu. Leave It to wako wezhira ane matura ane maturity and lots of experience.

  18. khup was an apointee of morgan and she never towed morgan`s way that is why we apointed 2 more deputies her chapter was long closed during morgan`s time in short khupe haana deal chisa mbama chisa chamisa pfeeeeeeee

    1. Those who seriously support constitutionalism must make sure Terrence Mukupe is dismissed from public office for beating his subordinate simply he had refused to comply with his boss’ illegal intentions. Leave Chamisa and his Khupe alone. They are not in govt

  19. Comment…do you all realize that this Madhuku is making you swim in shit waters am sho the teachers which he was supposedly adressing were not impressed considering their grievences and their plan of downing tools at the begining of the term. Shit guest this Madhuku.

  20. HAVING OBSERVED YOUR POLOTICS FOR 10 YRS I CONSIDER I KNOW SOMETHING
    I HAVE A BLIND SISTER IN MUTARE & RING HER EVERY FRIDAY ON SKYPE
    I LIVE IN AUSTRALIA

  21. Comment…muzive mabasa ezanu pf imi vasina kumbovhota

  22. Chamisa is all i know

  23. Madhuku,a Ndau by origin,stupid professor without direction.Did zanu pf you are aiding and preaching as good today has ever developed your Chipinge area? Fuck you mindless Madhuku,thus why zimbabwe won’t progress because most people like Madhuku do love money only not the development of zimbabwe we dare to live in happily.

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