MDC-T intensifies fight over party name

The Nelson Chamisa-led MDC-T camp has approached the Supreme Court with more evidence to buttress its argument that the High Court erred when it handed down a verdict in favour of a rival group led by Thokozani Khupe to use the party’s name and symbols.

BY CHARLES LAITON

The Chamisa-led MDC-T filed its heads of argument at the apex court on Thursday through its lawyer Thabani Mpofu and in the application cited Khupe, Obert Gutu and Abednico Bhebhe, as respondents.

Chamisa and Khupe were embroiled in a nasty leadership wrangle that surfaced when the party’s founding president, Morgan Tsvangirai died in February.

In its submissions, the Chamisa-led MDC argues the High Court made pronouncements on issues that were not before it.

“There can be no doubt that in thus proceeding and in making these findings on issues which were not before it, the court below (High Court) fundamentally misdirected itself. The role of the court is to hear the argument that has been presented and make findings only on the issues raised and debated by the parties. The rule is most salutary, is well established and is non-derogable,” Mpofu said.

The party further said it is now seeking an order to overturn the ruling, which it argues was granted in error adding the effects of the High Court’s finding on the challenged issues are too ghastly to contemplate.

“The effect of the finding is to create factions within the MDC. It creates factions which exist for the first time in the judgment of the court. It creates factions where respondents were expelled. It creates factions in a manner that creates an illusory dispute. It creates factions in a manner that completely destabilises the MDC and renders its process unworkable. The prejudice caused is stark,” Mpofu said.

“The finding misses the point that there is (the) real MDC in existence. It is incorrect to say that until the parties have gone to court, no one can claim to be the MDC. There is no need for anyone to go to court before the MDC can exist.”

Mpofu said the MDC party exists whether Khupe, Gutu and Bhebhe, were happy or unhappy.

“It exists whether they go to court or they do not. Their inaction in not challenging their expulsion cannot redound to their benefit. The benefit accorded to them has no basis,” he said.

Mpofu further said once the MDC expelled the trio, it did not need to go to court to confirm the validity of its actions, adding it was for the trio to challenge their expulsions.

“The judgment, however, saddles the MDC with an obligation that it cannot at law bear . . . after the death of the founding president of the MDC, the respondents behaved in a most objectionable and unpleasant manner. For that reason, first respondent (Khupe) was suspended by the highest decision-making body outside congress. She did not protest the suspension neither did she challenge it before the courts,” he said.

“Following upon the suspension, the highest decision making body outside congress invited her to attend a disciplinary hearing. She absented herself. First respondent was duly expelled from the MDC. The same axe fell on the second and third respondents (Gutu and Bhebhe). These expulsions were not challenged.”

The matter is pending.

14 Comments

  1. even though not a law expert myself I can conclude without doubt that Bere ‘s judgement was defective because he made pronouncements on issues which were never before him.

  2. All the above comments by Chamisa camp inclusive of the one by bere remunhu, only appear to b selfish,since Khupe thru her lawyer Madhuku had submitted a challenge by same court, to chamisa’s argument, clearly spelling that she was still a bona fide member of MDC-T irrespective of the purported dismissal by people who were constitutionally unqualified to do it,rendering the court not see clearly who has no legal right to use the name& symbols

  3. All the above comments by Chamisa camp inclusive of the one by bere remunhu, only appear to b selfish,since Khupe thru her lawyer Madhuku had submitted a challenge by the same court, to chamisa’s argument, clearly spelling that she was still a bona fide member of MDC-T irrespective of the purported dismissal by people who were constitutionally unqualified to do it,rendering the court to not see clearly who could have no legal right to use the name& symbols

  4. Comment…haa iwe gudo remunhu, gara ne hure rako khupe, nxaa mbwa dzevanhu, dai khupe vakamupisira mutsapi vele

  5. addmore Gudo your wisdom is excellent keep it up.

  6. It’s amazing how khupe and company can like and dislike the same thing at the same time, khupe discommunicated with tsvangirai even during his days of existance which is well documented in the same media outlets some of which now conveniently side with her, Also at their ‘ congress’ they chose to do away with tsvangirai’s face on their symbol so why cant they also leave tsvangirai’s name in MDC-T and name their party MDC- K(hupe) and spare people unneccesary confusion. Another interesting thing to note is that khupe and co are not articulating to the electorate their vision for our nation all we hear from them is wailing about how they were victimised and that she is the ‘legitimate’ and ‘bona fide’ leader yet she only has 3 executive members in her corner

  7. Well observed Observer but it is the confusion she wants it can get her a few votes

  8. I strongly believe Chamisa used the tribal card to oust Honourable Thokozani Khupe. This is terrible. I hope God avenges Zimbabwe. I have lost all hope in MDC as a tribalistic party. Zanu PF has always been tribalistic but i expected better from young Chamisa. MDCT restore Khupe and clear your conscience if you still have any left.

  9. @ Observer,well said my friend

  10. Ntokozo Nyathi

    Mbuya MaKhuphe seems to be politically defective. Zimbabwe is not ripe for such silly people. Firstly she was boycotting his boss the late Tsvangirai. Second she wanted to pick up a share of the finances or benefits from the Political Finance legislation. Fourth, she got confused by that boy from Nkayi and a silly lawyer by the name of Gutu. His advissor that former Combi driver Mr Dube makes our dear sister so confused to a serious laughing quantity. Kanti kalazihlobo yini kumbe indoda aphiwe amacebo ngoba uyayangisa abantu bakibo. Kungangcono umuntu avotele imango tree than uKhuphe.

  11. Khupe should just go back to her village or join Mujuru. Crazy woman who can’t even talk. We don’t want leaders like her. She’s not even good enough to be a teacher or domestic worker- nxaaaa puu

  12. Zimbabwe will never be the same again.

  13. #chamisaHasMyVote# khupe urikuzvinyepera. kana warota uchitonga varume uri mukadzi ,muka ubike doro uti mudzimu yandirashaaaa. dai uri mumwe wakatobatana na chamisa hataikushaisawo position.

  14. Where is Mr Khupe if I may ask , vakadzi vasina varume vanonetsa , she needs to consult he sangoma or she has to pay back ED mari yaakapihwa to split the vote , also Madhuku is an interested party an aspiring presidential candidate , how at law should he represent Khupe on this case , there is a word in the world of law RESCUE , I think if Madhuku is a true professor he must consider that word . Asante sana . ICHO

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