Harare lawyer Advocate Lewis Uriri said Justice Mushore’s
ruling on Nelson Chamisa MDC leadership makes legal and common sense.
“The Judge looked at the provisions of the constitution of
the private voluntary organisation, which is the MDC,” said Adv Uriri.
“The constitution is a contract between members of the party
who are bound by that constitution, which they chose to abide by.
“So the Judge analysed the provisions of that constitution
and looked at what ought to have been done and what was actually done and found
that what was done did not accord with the constitution.
“That judgement is pregnant with legal sense and common
sense,” he said.
The learned Judge, he added, followed the proper positive
principles of the law.
Advocate Thembi Magwaliba, another seasoned lawyer, said
the Mr Chamisa-led MDC is playing political gamesmanship by taking Justice
Mushore’s finding as political.
“The ruling is purely a legal analysis of the facts
presented to the court, there is no hint whatsoever of any political hand in
the judgement,” said Adv Magwaliba. “I think as they say, it is quite easy to
see a goat behind every bush.
“The MDC people are playing politics. They know who their
enemies are and they suspect their enemies are in machinations against them,
but that is not necessarily true or justified if one goes through that
judgement.”
Justice Mushore ruled that the decision by the late former
MDC-T president, Mr Morgan Tsvangirai, to hand pick two additional vice
presidents was illegal and that the party should hold an extraordinary congress
within a month.
The 2014 structures will be used at that congress.
MDC-T president Dr Thokozani Khupe says last week’s High
Court ruling, which nullified the ascendency of her bitter rival, Mr Nelson
Chamisa to the helm of the party, rightfully placed her back in charge of the opposition
party.
Addressing journalists in the capital yesterday, Dr Khupe,
who also indicated that she would not shirk “the huge responsibility” of
leading the party, says the youthful politician has no option but to engage
her, or risk another bruising legal fight.
All parties, she added, should accept the court ruling.
“On the 8th of May, Justice Judith Mushore handed down a
judgement with regards to our party and placed its leadership back to the 14
February 2018 status.
“I accept and appreciate the judgement and I stand guided
by the court order. The judgement has placed me back as the leader of MDC-T.
“I therefore accept the huge responsibility that it places
on me,” she said.
However, Mr Chamisa has refused to accept the ruling, with
some members of his party contemptuously considering it to be partisan.
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