Chamisa, Khupe feud back to High Court

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THE Supreme Court yesterday ruled that the legal fight over use of MDC-T party symbols between Nelson Chamisa and Thokozani Khupe’s (pictured) camps should be heard by the High Court as a matter of urgency to determine which of the two factions was genuine.

BY CHARLES LAITON

The court ruling came as Chamisa’s supporters stormed the Supreme Court grounds chanting derogatory slogans against Khupe, and labelling her a sell-out after she formed a breakaway faction.

Chamisa’s camp had approached the Supreme Court on appeal after being angered by then Bulawayo High Court judge Justice Bere, who last month ordered that the factions to have their resolved through arbitration.

Judges of Appeal, Justices Paddington Garwe, Anne-Mary Gowora and Antonia Guvava, all unanimously issued an order by consent of Chamisa’s lawyer Advocate Thabani Mpofu and Khupe’s lawyer, Lovemore Madhuku.

“It is ordered by consent that; the appeal be and is hereby allowed with no order as to costs. The judgment of the court aquo is hereby set aside and in its place the following is substituted: – the application for this matter to be dealt with on an urgent basis is granted.

“ In view of the material disputes of facts afflicting the application, It is ordered that the application be referred to trial for the resolution of the following disputes: (a) whether or not there are two MDC-T parties, (b) If not, whether the respondents (Khupe, Obert Gutu and Abednico Bhebhe) are entitled to the use of the name, symbol, logo and trademarks of the MDC-T,” read Justice Garwe.

He added: “The chamber application filed in this matter shall stand as the summons and the notice of opposition as the appearance to defend. The applicant (MDC) shall, within a period of five days, file its declaration after which the respondents are to file their plea or either answers to the declaration within a further period of five days after which the matter is to proceed in terms of the Rule of this court. The matter shall be placed before any judge of this honourable court”.

The wrangle broke out following the death of the party’s founding leader, Morgan Tsvangirai, resulting in both Khupe and Chamisa claiming succession rights.

22 COMMENTS

  1. The chips are slowly beginning to fall off for madam Khupe and lot. Don’t swim against the tide. Make amends whilst there is still time or else you are history come the High court ruling.

  2. Still Khupe will win here. The 2 other deputies were hand picked by an indivisual and the current president went on to be selected by individuals again.He is being supported by violent individuals. He was NEVER voted. He is a product of corruption. Khupe is the ligit one moreover she can change the party to Mdc T(hokozani), What about Khamisa, dweeeeeeee

    • My friend check your records Khupe was never elected but picked by Morgan Tsvangirayi as his deputy and nobody contested, just like she did not contest when Morgan picked Chamisa and Mudzuri. Just check your records she was not nominated but picked.

      • at law khupe was elected as mdc t vice president. she was only uncontested its like having a walk over in football match . would you say that team did not win the match.so there are no records to check my friend mayb you didnt study even basic law. are you also saying tsvangirai was not an elected president of mdc because he was also never challenged at any congress..

  3. I thought the judgement is very clear – the case is still to be heard in the High Court. Do you know the outcome of the High Court ruling? What happens if Khupe’s faction is awarded the judgement – go to war!? I guess you are semi-literate. People like you are the source of all our problems in Zimbabwe. You do not read with understanding, resulting in distortion of facts. Please go back to school if you can afford.

  4. Let the matter be resolved, , we dont want our votes to go to the wrong party. Alliance suppoeters must vote their candidate and Khupes supporters should vote her pary, fair and square. Importantly us who have been offended by her treatment, dont want to find our votes going to zanu but to Khupe. I never thought I will hate MDC some day.

  5. Let the matter be resolved, , we dont want our votes to go to the wrong party. Alliance supporters must vote their candidate and Khupes supporters should vote her pary, fair and square. Importantly us who have been offended by her treatment, dont want to find our votes going to zanu but to Khupe. I never thought I will hate MDC some day.

  6. Let the matter be resolved, , we dont want our votes to go to the wrong party. Alliance supporters must vote their candidate and Khupes supporters should vote her pary, fair and square. Importantly us who have been offended by her treatment, dont want to find our votes going to zanu but to Khupe. I never thought I will hate MDC some day.

  7. Let the matter be resolved, , we dont want our votes to go to the wrong party. Alliance supporters must vote their candidate and Khupes supporters should vote her pary, fair and square. Importantly us who have been offended by her treatment, dont want to find our votes going to zanu but to Khupe. I never thought I will hate MDC some day.

  8. joice Mujuru was sacked from Zanu PF, did she become a faction of Zanu PF? Mugabe was sacked from Zanu PF, did he become a faction of ZPF? Thoko and company were sacked from MDC by the highest decision making body outside congess, and the world regards her as a FACTION of MDC! Oh My! Thoko and company went ahead and held an illegal congress, which even according to the MDC constitution did not meet the requirements of a congress and everyone says shge was duly elected. Akomana soo

  9. For how long shall these myopic ‘orphans’ fight over their ‘father’s inheritance’ at the expense of directing their energies at the broader picture? Why can’t they come up with their own party names, signs and symbols and march on? Effective and inspiring leaders create a way where there is none. Are they aware of the hitches between here and the State house? What unites us is greater than what divides us. Nonetheless, choices have consequences. The writing is on the wall.

  10. Take note of (a) for the court to determine whether or not there are two MDC-T parties, not who the President shhould be, because that is for the legitimate party to decide. My prediction, hell, considered opinion, is the madam will be humiliated. Yet there was no need for any of this!

  11. Judge asks:
    Ms Khupe, why do you say MDC-T is yours?
    Khupe: It stand for MDC-Thokozani.
    Judge:
    And you Mr Chamisa?
    Chamisa: It stand for MDC-Tshamisa,My name was spelt wrong, im a Ndebele.

  12. Comment…Yaah. (a) for the court to determine whether there are 2 MDC parties.
    So, the dispute before the courts at the moment has nothing to do with who should be the leader ? Because parties choose their own leaders?! We await the final court ruling. Should be very interesting.

  13. Come on guys, it shows that both of them want to survive on Tsangirayi’s legacy. That Party has a clear surname. Only Tsangirayi family can claim it. These 2 are just crazy.

  14. @ Black and proud: At times our ignorance is better left unexposed. For your information, the feud was directed once again To the high court by the Supreme court. Why profess ignorance publicly? Revisit your English teacher.

    • kkkkkkkkkkkkkkkkkkkkkkkkkk its from the high court TO the supreme court and the latter TO the former. Waita basa wabatsira hama yedu yakadzidza Ingrishi

  15. Khupe was elected at congress uncotested….Chamisa lost the SG position to Mwonzora and was then appointed Organising secretary by Tsvangirayi before being hadpicked and imposed as VP together with Mudzuri….say what u want about madam khupe but in terms of legal argument she is in the right….Chamisa was never appointed/elected at any congress….In a party whose name includes the word Democratic one wonders why a self proclaimed popular candidate like chamisa simply doesn’t go to congress and dispose of unpopular candidates like Khupe???? Even ED went to congress..kkkk

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