The Supreme Court yesterday reserved judgment in the matter
in which MDC-Alliance leaders Nelson Chamisa and Morgan Komichi are appealing
against a High Court ruling in May which declared that the former was
illegitimately acting as the party leader.
The judgment automatically confirmed Dr Thokozani Khupe as
the legitimate leader.
Dr Khupe yesterday asked the Supreme Court to throw out Mr
Chamisa’s appeal on legitimacy to enable her to hold an extra-ordinary congress
and pick up the pieces.
Giving submissions to a bench of Supreme Court Judges
Justice Bharat Patel, Justice Paddington Garwe and Justice Antonia Guvava
during proceedings beamed live on ZTV, Dr Khupe, through her lawyer Professor
Lovemore Madhuku, said the dismissal of the appeal will reinstate her as the
proper leader of the Movement for Democratic Change.
“If we get the order we will go back and start from
February 15, 2018,” said Prof Madhuku.
“All the meetings that took place after February 15 are
unlawful. The meeting of February 15 was held hours after the death of MDC
founder Mr Morgan Tsvangirai. It appears the people came for a funeral and
convened the meeting.
“By that time the party already had an acting president,
Khupe, and only she had the power to convene such a meeting. The meeting was
invalid and in contradiction with the party constitution.”
Prof Madhuku said the court aquo was correct in saying that
the constitution of MDC did not provide for two deputy presidents.
He said a proper interpretation of the party constitution
revealed that only one deputy president was elected at their 2014 congress.
“The president did not have the power to appoint persons that ought to be
elected,” said Prof Madhuku. “There is no point in evoking domestic remedies
when it is clear they have been undermined. We pray for an order that confirms
the High Court ruling and enables Khupe to hold an extraordinary congress.”
Mr Ashel Mutukura, who is representing Gokwe-based party
member, Elias Mashavira said Chamisa was avoiding section 9 (2) of the party
constitution that talks about succession following the death of a leader.
He said the meeting of February 15 could not be used to
discuss a possible successor because the constitution provided for one.
Advocate Thabani Mpofu, who is representing Chamisa and
Komichi, said the party’s national council mandated Tsvangirai to appoint his
deputies.
He said the national council can make decisions in between
congresses and its powers are limitless.
“The court cannot decide on voluntary association,
especially where there is unanimous agreement, more so if it’s the affairs of
the party, it creates awkwardness,” said Adv Mpofu.
“Khupe has moved on and started her own party. She held her
own congress and participated in the harmonised elections. It is scandalous for
her to seek relief as party president. Herald
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