The MDC won its appeal to the Supreme Court. The MDC's appeal against the judgement of Justice Bere who ruled that no one was entitled to lay claim of the political party's name and symbol without the question being resolved by a competent court has been upheld.The Supreme Court has remitted to the High Court the determination of the substantive issue which the MDC led by President Advocate Nelson Chamisa had brought to court.
The High Court had said the substantive issues of whether Thokozani Khupe is entitled to the use of the name, symbol, logo and trademarks of the MDC could not be determined by the court, but the Supreme court has said the High Court must determine on this issue in accordance to the original design of the applicant.
The MDC took the case to the Supreme court following pronouncements by the High Court Judge Justice Bere on substantive issues not placed before it and which the parties had no opportunity to advance arguments on. The Supreme court ruled that the matter is urgent.
MDC Chamisa Communications.
MDC spokesman, Linda Masarira
1.It means that President Dr. Khupe has a case at law, had that not been the case the Supreme Court would have dismissed the matter. Instead, the Supreme court ruled that the matter be decided at the High court by way of trial.
2. President Dr. Thokozani Khupe did not approach the courts in the first place, it was Morgan Komichi on behalf of Chamisa who applied for an interdict barring Dr. Thokozani Khupe from using the name and symbol of the MDC. This means that Khupe never wanted the courts to decide on the legal dispute instead the faction led by Chamisa invited the courts into the legitimacy issue.
3. By having the matter put to trial, it is going to expose Chamisa on the illegal and clandestine amendments made on the 2014 MDC constitution and he will not succeed in covering up this lie.
The legal battle which we never invited is ongoing and it does not look good for Chamisa and his camp at this juncture.
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