Don’t entertain Khupe: Chamisa

Following the Supreme Court ruling that the legal fight over use of MDC-T party symbols between Nelson Chamisa and Thokozani Khupe’s camps should be heard by the High Court as a matter of urgency, to determine which of the two factions is genuine, Chamisa’s camp has now filed an affidavit urging the court to rule in its favour.

BY CHARLES LAITON

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

However, in compliance with the Supreme Court’s order by Judges of Appeal, Justices Paddington Garwe, Anne-Mary Gowora and Antonia Guvava, Chamisa’s camp filed a declaration on May 23, 2018 seeking a declaratur and an interdict against Khupe’s camp.

Through its lawyer Advocate Thabani Mpofu, Chamisa’s camp said Khupe and her colleagues, Obert Gutu and Abednico Bhebhe, were no longer entitled to the use of the name, symbol, logo and trademarks of the MDC, them having been expelled on March 23, 2018 and consequently forming their new political outfit.

“As a result of their expulsion, the first, second and third defendants (Khupe, Gutu and Bhebhe) lost the right to the use of the name, symbol, logo and trademark of the MDC,” Mpofu said.

“Despite losing the right to the use of the name, symbol, logo and trademark of the plaintiff (MDC), defendants have without lawful excuse continued to hold themselves out as belonging to the plaintiff and have abused its name, symbol, logo and trademark.”

Mpofu further said the holding by the trio of their purported congress and the decision taken thereat constituted, on their part, an act of secession from the MDC in that, the so called congress was called in direct defiance of the statutes of the party.

“Defendants appointed a whole new executive structure with its own officials who are different from those of the plaintiff. The so called gathering came up with a new logo which is a departure from the one provided for in the plaintiff’s statutes. The defendants have now provided headquarters for their political outfit which headquarters are different from those of the plaintiff,” he said.

Mpofu said Chamisa’s camp was seeking a declaration that the trio and all those acting through or in common purpose with them are not entitled to the use of the name, symbol, logo and trademarks of the MDC serve with the direct authorisation of its National Council.

“Wherefore plaintiff prays for; an order interdicting defendants and all those acting through or in common purpose with them from the use of the name, symbol, logo and trademarks of the plaintiff serve with the direct authorisation of its national council (and) an order for the delivery to the plaintiff by the defendants and all persons acting through them, of all documents, posters, advertising material or any other material in their possession or that of their privies bearing the mark(s) or so nearly resembling the trademark of the plaintiff,”

Khupe’s camp is represented by Lovemore Madhuku.

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

14 Comments

  1. End of road for madam Khupenga and team.

  2. Farai Johnson Nhire,

    I understand the supreme conurt did not practicaly reverse Justice Bere’s ruling. The case remains the same save who is going to do the abitration, supreme court or high court. Allow me to take a gues what will hapen next. Chamisa will loose the case because he is in a weak position whith regard to mdc constitution which the high court will definitely need. The case will end up in the supreme court and he will loose again. Apa ngwena ichicampaigna. Igotonga , Ichitonga ichingotonga, igongotonga. Mudzimu Waro Bonga Kudziwana Huku Dzichirwa.

    1. Shallow.No facts.

    2. wakamboona Chamisa ku court here iwe? kkkk dofo so.

  3. neither are we going to entertain you chamisa

    1. The ‘we’ being who?

  4. Mdc Moderate.

    The supreme coaurt did not practicaly reverse Justice Bere’s ruling. The only diference is who is going to do the abitration. Allow me to guese what is going to hapen! Chamisa will lose the case since he is in a weak position acording to mdc constitution which the high court will definetely apply. The case will end up in the supreme court and he will lose again apa garwe richicampaigna. Rigotonga, richitonga , rigotonga, rigongotonga. Mudzimu Wayo Ngwena Kudziwana Mbudzi Dzichirwira Pedyo Nedziva.

  5. Vakuru vanoti kupenga hakudi jubikirwa doro. Kunongouya semhepo yaNyamavhuvhu inongovhuvhuta chero neripi divi. Ko kuziva kuti Chamisa unoruza waudziwa nani? Mirira uteerere ugoziva kuti utaure chokwadi.

  6. Kuruza kwachamisa kuriobvious zvokuti ivo advocate chamisa senyanzwi yemutemo should no that better. This isue requires the application of the constitution common to both parties (the original not the tsvangirai amended which was aparently adopted to sideline Khupe). By the application of that one Kuphe anobuda shudhu.

  7. These fellows are shallow minded, ‘Khupe was fired on the 23rd of March’ that as long after Khupe had publicly declared at a rally that they were breaking apart due to some reasons. Came the 23rd Khupe was no longer part of their faction, so how could they fire her?. The issue at hand here is, who held more powers in terms of their constitution, the congress elected acting president or council imposed. I tell you the court will rule both factions go to abitration. It wont entertain who has or hasnt got support. Thats none of the courts’ business.

  8. Khupe wins here. The 23rd came long after She had announced the seperation, how could they fire them then?.Support or no Support means nothing to courts. Only who had legal powers (congress or council?) according to their origional untempered constitution which they courts will demand..

  9. Khupe go away

  10. The zanu pf central committe has power(between congresses) to recall mugabe and rightly did so and this was confirmed by congress WHEN it happened. The mdct national council has power between congresses to make any decision which can only be confirmed or rescinded at congress WHEN congress happens. The fact that Chamisa used his influence to prevent congress is legitimate and attests to his power in mdct. There is nothing legally wrong with that.

  11. If the MDC constitution is tabled before the courts then Khupe has the best chance of winning. Chamisa could have the support of his comrades but that has nothing to do with the court or their constitution.

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