‘Chamisa court ruling does not affect MDC Alliance’

By David Coltart

President Emmerson Mnangagwa’s regime is deeply concerned about the threat that Nelson Chamisa’s MDC Alliance party poses to its hegemony and on Tuesday it went to extraordinary lengths to try to neutralise that threat.

On the face of it, the Supreme Court has ordered Chamisa to submit himself to another congress of the MDC, which will be convened by a political opponent, Thokozani Khupe.

The Supreme Court, through Judges Bharat Patel, Paddington Garwe and Antonia Guvava, had to contort legal reasoning to arrive at its judgment.

While the thrust of this article is not to give a critique of the judgment, suffice it to say that its legal reasoning is seriously flawed from start to finish.

A few examples: firstly, when the case was brought the pleadings show that the party cited was the MDC-T.

The judges changed that in the judgment to the MDC alone, which it cannot do.

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The only “MDC” party the Zimbabwe Electoral Commission (ZEC) has recognised since 2008 has been the party known as the MDC led last by Welshman Ncube which formed part of the GNU, but which was dissolved when it joined the MDC Alliance prior to the 2018 election.

This was no typographical error by the judges but part of the deliberate attempt to conflate a variety of parties into one MDC so that the purpose of the judgment could be achieved.

Then, secondly, although the court agreed that the entire issue was moot (because both Khupe had held a congress for the MDC-T in May 2018 and the MDC Alliance had a congress in May 2019) and that it “cannot but take judicial notice of (certain) political realities” it chose to be exceptionally selective in which realities it took notice of.

The one glaring fact which the court ignored was what State organs have accepted as fact – namely that the July 2018 election was contested by, among others, two separate political parties, namely the MDC-T under Khupe and the MDC Alliance under Chamisa, which were accepted as different political parties by ZEC, and have been accepted as such ever since.

Parliament itself accepts that there are two separate parties in the House – namely MDC Alliance and MDC-T.

These facts were conveniently ignored by the Supreme Court, which was clearly at pains to conflate the two.

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9 Comments

  1. Kundai Mawewe 23 years

    Comment…Zimbabwean govenment now is the one incharge ,they wont retire from opressing us,our rights,our sovereign,thats why they contue in cheating bcoz we will surely avenge all these nonsense,we are Zimbabweans ,and we will always be Zimbabweans we will never be Zanu and we will never abide with with its rule.
    They always frighten judicial by vulnerably maje them adhere to their decisions in any case that includes Our Party, Our people,Our President they always distruct our visions but now they fail,and they will surely fall.

    1. Khupe did the right thing.
      You people is like you do not follow your own history yet Zanu will keep on ruling
      Chamisa did a wrong thing and he kept on doing more wrong things yet everyone was watching.
      Who is you who does not know the story.
      Khupe fought with Chamisa for what
      Mdc t.Now you saying no it mdc alliance.
      Look you still my car you put sun roof new mags and change the number plate..sorry is it still my car
      Look those mdc lawyers enjoy opposing the law and is yet where i wish the late Robert Mugabe was still alive
      Mnangagwa must immediately lock any person opposing the law
      We all now chamisa was wrong and is still wrong
      Please ask chamisa’s parent to advice him.He is a pastor but wants to detect things
      Put him into power you will see
      My advice Khupe Must move to Tshangirai house call for conference as advised
      She must just make sure the Pressidential sit is not contested. Malema did that
      and let her rule the party,beside she was supposed to be
      Thank Chamisa,you played your part.
      Your guys must be carefull do not change the law on lies to try and help your self

  2. Zanu pf will not fail but mdc is a perenial failure.election after election whitewashed by Zanu pf.Chamisa is not president and will never be president of Zim my beloved country..
    ……..

  3. Khupe did the right thing.
    You people is like you do not follow your own history yet Zanu will keep on ruling
    Chamisa did a wrong thing and he kept on doing more wrong things yet everyone was watching.
    Who is you who does not know the story.
    Khupe fought with Chamisa for what
    Mdc t.Now you saying no it mdc alliance.
    Look you still my car you put sun roof new mags and change the number plate..sorry is it still my car
    Look those mdc lawyers enjoy opposing the law and is yet where i wish the late Robert Mugabe was still alive
    Mnangagwa must immediately lock any person opposing the law
    We all now chamisa was wrong and is still wrong
    Please ask chamisa’s parent to advice him.He is a pastor but wants to detect things
    Put him into power you will see
    My advice Khupe Must move to Tshangirai house call for conference as advised
    She must just make sure the Pressidential sit is not contested. Malema did that
    and let her rule the party,beside she was supposed to be
    Thank Chamisa,you played your part.
    Your guys must be carefull do not change the law on lies to try and help your self

  4. steve blomefield

    NEWSDAY SAYS ….‘Chamisa court ruling does not affect MDC Alliance’[NONSENSE] …
    It very definitely does because who owns harvest house?who owns mdc cars? Right now Chamisa owes rent on harvest house, and has to repair or replace damaged or written off cars to Khupe. In fact he is going to be sued from ward 12 to ingutsheni kkkkk. True mdc A is a recognised party but MDC T [ie the party that included chamisa before T’s death] needs to have a congress and the president needs to be properly elected by MDC [before T death] cadres. Be sure that khupe will do all kinds of things to attempt to get herself legally declared MDC T president. The moment you hurry hurry hurry and depart from the law and create your own laws you make yourself vulnerable to later court rulings. Things must be done legally and orderly then a party can be maintained in order and any court actions will be successfully challenged.

  5. so why did chamisalaunch an appeal if mdc A IS NOT INVOLVED

  6. What happened to Madam Khupe, from iconic democrat to supping with people who murdered Tsvangirai?

  7. king louis XVI

    All the politicals parties in Zim are a lie.

  8. Wait and see, Chamisa now is a brand in Zimbabwean politics-Even if Madam Khupe is given everything that maybe deemed to constitute MDC-Everything will crumble under her nose. Nelson Chamisa will soldier on even if it means to form a totally new political party. Hence the courts and Madam Khupe are wasting their time. Instead, they must coerce Chamisa to be the President of renegade MDC-T to energize their ship. Politics in Zimbabwe is still virtually on personalities and not on the weight and depth of political parties. Ask Biti and Ncube who have the practical experience when they break away from Tsvangirai, the teaboy.

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