Top lawyer for Chamisa

BY BLESSED MHLANGA/EVERSON MUSHAVA

MDC Alliance leader Nelson Chamisa

MDC has turned to top lawyer Thabani Mpofu to lead its appeal against a High Court ruling which declared as illegitimate its leader Nelson Chamisa (pictured).

Mpofu yesterday confirmed he was now taking the lead in the case, assuring the MDC faithful that the youthful leader’s presidency was not in danger and that the High Court ruling poses no threat to the party’s planned congress.

“I have been briefed to take up the matter,” Mpofu said.

“I have studied the judgment together with Advocate Sylvester Hashiti and Keith Kachambwa with the most undaunted minds and have been exceedingly intent upon its subject, taking it up

seriously with determination to bring the matter to a desired outcome.”

He added: “There are at least 11 aspects of fundamental concern that we have identified. Our path is both sure and clear,” Mpofu said.

Mpofu represented Chamisa in his Constitutional Court (ConCourt) challenge against President Emmerson Mnangagwa’s electoral victory last year, but lost the televised case after the full
ConCourt bench ruled that the opposition leader’s counsel did not present satisfactory evidence to have the elections nullified.
The MDC has already said that it fundamentally disagreed with Justice Edith Mushore’s judgment with some party hawks claiming it was unenforceable.

Yesterday, a party insider said lawyers have since advised the MDC leadership that it would be impossible for the party to go for an extraordinary congress with structures whose term of
office have expired as per the party’s constitution.

“What is clear is that congress is due and it will be held. Going to an extraordinary congress would require the party structures elected in 2014 to convene and elect a president of the
party, yet their own mandate

in terms of the same constitution has expired. They, therefore, do not have the right and power to represent the party in their current form,” the source said. The lawyers, according to
the insiders, also advised that the party in Parliament and led by Chamisa is MDC Alliance and, therefore, the ruling does not have effect to the party going to congress.

The lawyers observed that the ruling does not call on former MDC deputy president Thokozani Khupe to come back at Morgan Richard Tsvangirai House.

“If an extraordinary congress is to happen, it has to be called for by the party and not an individual, therefore, the second in line would be then chairman of the party Morgen Komichi,
together with secretary-general Douglas Mwonzora and this has already been done,” the source said.

Khupe, whose party held its own extraordinary congress last year and was a presidential candidate in last year’s elections, has already welcomed the judgement and claimed she was ready to come back and lead the MDC.

But lawyer Valentine Mutatu said Khupe cannot purport to benefit from a judgment which she was not party to.

“Khupe did not even go to court yet she was a respondent. Relief is not granted to a person who has not sought it. She, therefore, cannot purport to benefit from this judgment. She
could at least have gone to court and said she would be bound by the ruling of the court, but she did not,” Mutatu said.

Tapiwa Shumba, a senior law lecturer, advocate of the High Court of South Africa and associate editor of the Speculum Juris Law Journal, yesterday said the judgment had no effect on
the party’s congress plans because it had a net effect of removing someone who is no longer president because congress processes have begun.

“Thus, circumstances have altered so much so that this judgment has become moot. It is a moot judgment. It is a brutum fulmen – an empty noise; an empty threat. A judgment void upon its
face which is in legal effect no judgment at all and by which no rights are divested and from which none can be obtained and neither binds nor bars anyone,” Shumba said. He said the
ruling was academic.

“The court orders the MDC as a party to convene an extraordinary congress, which means the national council of the MDC must convene the congress,” he said.

“The problem is on enforcement. How does the court enforce its own order? If the national council of the MDC does not sit and/or convene the congress what will the court do? Nothing?

Well, it can convene it itself, but who will attend? What if the national council convenes the extraordinary congress and tells MDC members not to attend? Surely, it cannot hold all the
national council or congress members in contempt of court. The court can declare something as null and void, but making an order of specific performance that it cannot enforce is
pointless.”

10 Comments

  1. real chambiza

    even those vanoenda kuma gallows gweta rinongovasimbisa kuti hapana nyaya kkkkk kamisa ku tamboooo

  2. Danayi Pazvagozha

    I have never seen self-serving comments like those on this article. The court is not foolish enough to give an unenforceable order. MDC was ordered to follow its own constitution and not to do as it pleases. Period.

  3. Farai J Nhire.

    Mind you also, Chamisa is illegitimate to the extent that he cannot do anything as a leader of Mdc A. He cannot run for 2023 presidency unless his Mdc leadership is confirmed by an extraordinary congress which Nelson is scared of for obvious reasons. It’s not only about mdc constitution. It also has to do with the Zimbabwe national constitution until those who are petitioning decide to withdraw the case. You can say you are now Mdc Alliance or whatever but the petioner is still a member of your party and his point remains valid that Nelson was installed vp fraudulently, the position which subsequently led to him finally landing the top post.

    1. Marwadziwaka? Maiti mamugona manje marasika again. ZANU yakaora kare varume, whether you like it or not. Write as many comments as you like but the end is nigh!

    2. Nelson is not scared at all as regards the Congress, remember he is the only nominee for the Presidential post. Instead, it is clear that ZANU is scared about the prospects of facing Nelson again in 2023 as they clearly do not have any candidate able to win a free and fair election against him.

  4. The same Thabani “Confused ” Mpofu who failed us in the election challenge

  5. pakaipa – that’s all I can say.

  6. If the ruling applies to MDC T it will mot affect Chamisa’s position. Chamisa is leader of Mdc Alliance. Khupe is leader of the Mdc T. So how does a ruling meant for Mdc affect Mdc A leadership?

    The courts can bar Chamisa from leading the Mdc T on the basis of that party’s constttn but cannot go to the extent of of barring him from leading a different organisation known as the Mdc Alliance. There is no way Chamisa can be barred from both. Khupe can not come bek to the Alliance. She can not claim to be leader of the MDC T and Mdc Alliance same time. She declined an invitation to join n lead the Alliance when invited by MT. So how does Khupe become a leader of sthng she never became part of. Its confirmed..she is leader of the Mdc T and NC is leader of Mdc A. The Mdc A can go to congress as an Alliance..the courts can not void that.

  7. Ko why is this story under the Sport Section – asi Newsday murikufunga kuti kutamba kani nhaimi??????????????

  8. Bottom lawyer for Chamisa.
    He lost last time and he will lose again this time

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