EMBATTLED opposition MDC Alliance leader Nelson Chamisa has
rekindled his fight against rival MDC-T leader Thokozani Khupe saying she no
longer had legal grounds to claim leadership of the main opposition party after
failing to hold an extra-ordinary congress by July 31 as ordered by the Supreme
Court early this year.
The court, in a moot ruling though, had on March 30
recognised Khupe as interim party president and ordered her to hold an
extra-ordinary congress on or by July 31 to resolve the opposition's contested
leadership following the death of founding leader Morgan Tsvangirai in February
2018.
MDC Alliance secretary for presidential affairs, Jameson
Timba yesterday said after missing the July 31 deadline set by the Supreme
Court, Khupe and her acolytes no longer had the locus standi to go around
posing as legitimate leaders of the MDC-T and to recall Chamisa's MPs from
Parliament.
But Khupe's allies insisted she was still in charge
although the Supreme Court last Thursday struck down her urgent application for
extension of the deadline, saying the relief sought was not urgent.
"They purported to come back as leaders of the MDC-T
on the strength of the Supreme Court ruling which allowed Khupe to be acting
president for four months, which lapsed on July 31 midnight. They had even lost
their posts in line with the MDC constitution, which gives them power to remain
in office for five years. So having been elected in 2014, their offices expired
in 2019," Timba said.
"The urgent court application by the Thokozani Khupe
group to have their extra-ordinary congress dates moved to end of November was
not deemed a chamber application by Supreme Court judge Justice (Antonia)
Guvava, but accepted as an ordinary court application to be heard before three
Supreme Court judges in an open court. The case as per the timelines given by
the court is likely to be heard any day after the 20th of August," Timba
said.
"In essence, what it means is that as of midnight of
July 31, 2020, Thokozani Khupe ceased to be the acting president of the
court-resurrected MDC-T 2014 structures. The same fate also befell Douglas
Mwonzora and (Morgen) Komichi, who are now just ordinary members of the defunct
party as it were and cannot purport to act on its behalf."
But Khupe yesterday insisted she was still in charge by
operation of the MDC-T constitution, while other party activists said acting
secretary-general Mwonzora had taken over the leadership after being nominated
by structures in Harare province.
"There is no such thing. No urgent application was
dismissed and Dr Khupe is the acting president by operation of the constitution
and the Supreme Court acknowledged that," MDC-T acting deputy spokesperson
Khalipani Phugeni said.
"The judgment did not expire, what didn't happen is
only the extra-ordinary congress. Everything else about that judgment is still
in place. It didn't expire, maybe until somebody goes to court and seeks a declaratory
order to that effect, it did not expire. The extra-ordinary congress that did
not happen, we are before the court now requesting for a variation of that
judgment," he said.
Fungai Chiposi, a member of the MDC-T information
department and strong ally of Mwonzora, said his boss was now the legitimate
leader of the party, while quoting an unnamed lawyer.
"A legal expert in Harare said that Mwonzora was
already the MDC-T president. He is the only person who was nominated for the
post of president by July 31. Therefore, he has been nominated unopposed and
duly elected," Chiposi tweeted.
The leadership fight between Khupe and Chamisa started way
back in 2016 when Tsvangirai handpicked Chamisa and Elias Mudzuri as
co-vicepresidents without going to congress.
Khupe, who had been elected the party's sole
vice-president, eventually fell out with Tsvangirai over the matter, leading to
her ouster shortly after the former Prime Minister's death, but she retained
the party name and symbols.
In the July 2018 presidential election, Khupe contested as
MDC-T candidate, while Chamisa ran under the MDC Alliance banner, but retained
the MDC-T offices and symbols as well.
In March this year, the Supreme Court added a new twist to
the wrangle after recognising Khupe as legitimate acting party leader, and
ordering her to organise an extra-ordinary congress to resolve the wrangle once
and for all.
Chamisa, who refused to recognise the court ruling saying
he was no longer associated with the MDCT, was taken aback after Khupe went on
a warpath in June recalling his MPs from Parliament and seizing control of the
party headquarters with the help of security forces.
Timba yesterday said since Khupe had failed to abide by the
Supreme Court ruling, the MDC Alliance was now at liberty to challenge Speaker
of the National Assembly, Jacob Mudenda and Senate president Mabel Chinomona to
reverse the recall of its legislators and councillors by Mwonzora.
"This also means that those institutions and
individuals such as the Speaker, who were hiding behind a finger and
purportedly relying on the Supreme Court judgment to politically decimate the
MDC Alliance through unlawful recalls, can no longer do so without shame,"
Timba said. Newsday
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