Chamisa in contempt of court: Experts

Mr Nelson Chamisa

Mr Nelson Chamisa

Fidelis Munyoro, Chief Court Reporter
The MDC-T faction led by Nelson Chamisa undermined the integrity of the courts and should be charged for contempt for ascribing wrong motives to a judge who presided over a case in which Chamisa sought to stop his rival Dr Thokozani Khupe from using the party’s name and logo, legal experts said yesterday.

The Chamisa faction had approached the High Court seeking to interdict Dr Khupe from using the party’s symbols.

Bulawayo High Court judge Justice Francis Bere dismissed the urgent application for lack of merit and ruled that Mr Chamisa was a factional leader.

In scathing attack on the court, Chamisa’s national executive yesterday accused the judge of siding with a rival group.

“The national executive took note of the decision of the High Court. It noted with concern the creeping of politics into law and remained concerned that a whole respectable court can choose to relate itself to the issue of the so-called factions which was not even before it,” read part of the MDC-T statement.

“What was before the courts, the executive noted, was the issue of expelled party members who were abusing the party’s name, trademark, logo and symbols.”

Legal experts said the Chamisa-led MDC-T was offside.

Professor Lovemore Madhuku, who argued the matter for Dr Khupe, said it was regrettable the party’s national executive chose to be contemptuous of the courts when it had approached the court in the first place.

“It is unfair to attribute improper motives to a judge who clearly applied an impartial mind to the matter before him,” said Prof Madhuku.

“A litigant who initiates legal proceedings cannot, after losing, choose to undermine the dignity of our courts.”

Law Society of Zimbabwe president Mr Misheck Hogwe said it was expected that the judges should be free to adjudicate over matters without fearing they would be accused of meddling in politics.

“The matter before the court was by any definition a political dispute,” he said.

“If the political parties believed that the court had jurisdiction to entertain the matter they ought to respect the ruling of the court.

“This is not to say the losing party necessarily has to agree with the ruling. Litigants should resist the temptation to be bad losers so that the integrity of our courts is maintained.”

Another legal expert, who spoke on condition of anonymity, said the remarks by Mr Chamisa’s national executive were offside because it was his faction that approached the courts.

“It must be appreciated that the court ruled on a very simple matter, that the application was not urgent,” he said.

“It did not go into the merits of the matter, so the politics alluded to are a mere smokescreen to cover up for the fact that Chamisa miscalculated in bringing a misguided application to the High Court.”

The lawyer said Chamisa should simply agree with Dr Khupe to call for a special congress. “It is the failed politicians and pseudo lawyers surrounding Chamisa that are leading him astray.”

Mr Obert Gutu, deputy president of the MDC-T led by Dr Khupe, said the Chamisa faction’s statement was tantamount to contempt of court.

He said Justice Bere was an experienced and distinguished jurist of impeccable integrity.

“It is very unfortunate for some misguided and unscrupulous people to seek to malign and denigrate the integrity of the learned judge,” said Mr Gutu.

He said an attack on the independence of the judiciary went to the root of national stability and constitutional democracy.

Mr Chamisa’s faction wanted the High Court to stop former deputy president Dr Khupe from using the name MDC-T and its party logo.

This was after Mr Chamisa and Dr Khupe parted ways following the death of party leader Mr Morgan Tsvangirai in February this year.

Mr Chamisa immediately seized power, a position challenged by Dr Khupe as unconstitutional.

Dr Khupe argues it is only congress that nominates the leadership of the MDC-T, not the national council as was the case with Mr Chamisa.

Dr Khupe insists she is the bona fide MDC-T leader because she was the only one elected party vice president at congress, while the other two — Mr Chamisa and Engineer Elias Mudzuri — were hand-picked by Mr Tsvangirai.

Her grouping held a congress last weekend and she was elected MDC-T leader.

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  • QB

    Chronicle reporters please stop calling the Khupe faction an expelled faction from the MDC-T because the so said Khamisa is illegally all he does is just khamisa and spit out lies about the other faction. Why is Khamisa afraid of the congress?

    • Buhle

      One or two phone calls from Barry Rigermore do not constitute keeping in touch

  • murondatsimba

    He is a captured judge and a controversial one…..In the three-year period between 2013 and 2015, 43 percent of the cases which he presided over, were overturned on appeal to the Supreme Court.[2]
    In 2016, When the Judicial Services Commission (JSC) was conducting interviews for four positions of judges of the Supreme Court of Zimbabwe, then Deputy Chief Justice Luke Malaba said that Bere had below average performance and poor judgements.

  • Legal Eagle

    Nonsense. Comments that undermine a courts authority before and during a trial can be termed as contempt of court. Comments made by representatives of a plaintiff or a respondent after a case cannot be contempt unless people like the learned Misheck Hogwe believe that a Judge cannot get it wrong. Hogwash.

    • Zvobgo

      At law a judge will (when need be) warn misbehaving person(s) that, if they keep misbehaving, they will be held in contempt of court.
      The warning gives the person(s) some chance to correct their behavior without facing legal sanctions.
      Was one such warning issued?

      Who is a judge in the cacophony of “experts”?

      • Mkhululi

        We heard your useless baseless crap and threw it it in the trash can, why repeat it again??

      • Legal Eagle

        You can be rest assured that Justice Bere will not be doing anything about Comments made by representatives of a plaintiff. The man is not stupid like “Sukoluhle Malinga.”

        • Sukoluhle Malinga

          kikikikiki kwaa………!!
          Where do I come in you Panga/ Bhemba wielding scholar from Mbandaka North of Kinshasa. How about leaving your Machete outside the classroom when teaching your students about your law from some Kangaroo court in Congo.

          • Jofa

            Since you know so much about Pangas are you one of those from that area who lost his way into Zimbabwe? Oh sorry I forgot uyislima.

          • Sukoluhle Malinga

            Why are you fighting battles that don’t have anything to do with you??

            Uswel’ into zokwenza yini wena bhanxa. How about taking a walk with and really think about the profession of queen. I mean it’s dangerous out there, she might get killed on one of her night vigils.

          • Jofa

            What queen are you talking about? Ndoda the time you spend on this platform whilst others are taking their girl friends out. Be care full. Ibonyabonya can cause you physical and long term metal health. Take a break. Find a nice girl and take her to the night club. Back and forth is not good for you.

          • Sukoluhle Malinga

            F uck and who told you that girlfriends are taken to night clubs, that’s why belidlela abafazi lina zilima zamadoda. But with you I can forgive you. You take your girls out to night clubs so you can introduce them to your queen at her workplace. What I’m not so sure about now is when did Manor and Waverly Hotels become night clubs??

        • Precious Ndlela

          Barrister from Mai-Ndombe Province in the Congo but originally from Lubumbashi, specialising in Lingala Law and based in Mbandaka. Trying to comment and sound knowledgeable about Zimbabwe’s law, what a joke.

    • Sukoluhle Malinga

      We don’t need useless lectures here, this is a public discussion forum, not some lecture in Balankole in Congo republic, conducted by a gun trotting self imposed teacher.

      • Legal Eagle

        And what do you think I am doing you stupid idiot. I am giving my opinion on this “public discussion forum,” You need to stick to one name. In any case the attitude of an idiot does not worry me. Especially one that can not even provide an alternative argument. As DDL said “go and play with your wire car”

        • Sukoluhle Malinga

          Hey you sound so stupid uyazi, who had asked you about your nonsensical opinion in the first place??
          What “One name” are you bleating about, my name is Sukoluhle. Also what’s that DDL nonsense you’re quoting, see what I mean when I say you must be a self imposed gun trotting “Panga brandishing” teacher from Mbandaka up north from Kinshasa.

          • Legal Eagle

            Who cares what you think. I don’t debate with idiots so from here on you will be talking to yourself. Unless you are clever enough to offer an opinion that has some sense you will not be acknowledged.

          • Jofa

            I would try to keep that big mouth shut. You might just get a big green mpukane with sh*t all fly into it because of the smell.

          • Mkhokheli Sibanda

            Wena ungena ngaphi mfowethu, Green mpukanes always come in from nowhere like how you just come in from nowhere in discussions that don’t involve you. You just come out like diarrhea, get a life wena……’zakuthethisa ayiya, nxa!!

          • Jofa

            Wena lawe ungena ngaphi kuLegal Eagle. Wena was the discussion with Legal Eagle involving you? Oh I forgot. Uyislima. Uxolo Slima.

          • Mkhokheli Sibanda

            Oh I forgot ungumntanekhikhitha, uxolo mtanekhikhitha lika mazakhela!!

          • Jofa

            You can insult as much as you like you are just insulting yourself. We others just kick you butt every time you try to bother our elders. Uyinja engalaboya.

          • Mkhokheli Sibanda

            Now that you have mentioned uboya, ukuthi kambe umasalu zisesekhona inzinza na, judging by the number of vagabonds grinding on her p ubic area every night on her dirty work??

          • Mthulisi Nkomo

            kwaaaa kwaaaaaaaa kwaaaaaa, kwaaks,
            Xola ndoda that is just too much!!

          • Jofa

            As I said umvundhla ngowakho. You are an expert in these things so its something you see often in your family circles.

          • Mkhokheli Sibanda

            Stop corrupting my language wena fusek mani, stop using Tshona spellings in my language.

            “IT’S MVUNDLA YOU DUNDERHEAD”

            Why did your queen waste her hard earned prostitution money on sending you to school if still you can’t write proper spellings??

          • Jofa

            Its not your language wena Nkawu. You know so much about Queens doing Prostitution then you think because yours does that then everybodys is the same. You are wrong mbuzi. Not everybody does what your family does I repeat umvundhla with an H ngowako.

          • Mkhokheli Sibanda

            So you attacking me late, to give the false impression that you had the last laugh, there’s that DDL dude who used to do the same shiet, why employ the same dirty nonsensical tactics. Don’t be cowards imbeciles, come face me.

            You can gang up on me, you, DDL and the Gun trotting, Panga Brandishing lecturer of Congo Law, Legal Eagle the Lecturer from Mbandaka up north from Kinshasa, as someone put it..

          • Jofa

            Hahahahahaha you don’t get it do you? All I do is to verify that you are the same clown that changes his name all the time. All I have to do is embarrass you and pisss you off and WALLA you cave in and go back being a low life.

          • Jofa

            Late attack? I am now off work. I am not going to hang around and carry on conversing with a fool who has to do vula vala every day so Thandi and I are going to the Southern sun to have a nice meal and a cold beer. Good night SUCKEERRRR

          • Mkhokheli Sibanda

            Thandi is either your right hand you dimwit or some cheap prostitute you have picked up in some dirty alley!!

          • Sukoluhle Malinga

            Acknowledged by who, by a Panga wielding teacher from some war torn place in Bandaka, go into the market square and get yourself some stewed monkey for lunch.

      • Jofa

        And who may I ask is WE Shlama?

        • Sukoluhle Malinga

          It’s your grandma, umasgogo wakho!!

          • Jofa

            Hahahah you stupid if you think idiotic swearing will make me lose it. It just proves my point that ungumuntu ongenamsebenzi. Utterly useless. When people speak like that they are actually speaking about themselves.

          • Sukoluhle Malinga

            Wena ulomsebenzi yini, you just drop like a f art “umsuzo out of one of the many holes in your granny/umasalu’s tattered undergarments.

          • Jofa

            Funny you should say that. Of the many that are on this Platform wena you the only one that is constantly here using up your parents hard earned money to talk rubbish. We others are working that’s why we sometimes disappear and then come back and kick your uncultured back side time and time again.

          • Sukoluhle Malinga

            Now that you’ve mentioned backsides, how many men (your one night stepfathers) have seen that black backside of her, the mazakhela khikhitha of a mother that you have??

          • Jofa

            There is an old Ndebele saying that goes ” Ovusumvundhla ngowakhe.

          • Sukoluhle Malinga

            There is an old saying in English that goes “Once beaten twice shy”.

          • Jofa

            What are you shy of? And what bit you? Lunyoka?

          • Sukoluhle Malinga

            It’s mvundla with no “H”, wena sakaliyatsha why are you corrupting our mother tongue, with Tshona spellings, shiti yomuntu.

          • Jofa

            As long as you get what I mean whats the difference? Its your Rabbit.

          • Sukoluhle Malinga

            Eish this stupid “Hole”, umvundla is a “Hare” not a “Rabbit” wena mtshazawakho mani. That’s why the saying goes ovuse umvundla, during hunting mani wena fusek. As in Hare hunting kanti akukho yini ukuzingela kini esitshabini.

            Ngesakithi kwaZulu umvundla is called “Unogwaja”. I’m now educating you wena nwabu, why did you waste the hard earned cash your mom hustled for in the streets and in beer gardens, if your turning out to be this thick.

          • Jofa

            It’s still your Rabbit. You can try to coach me as much as you want that mother thing is your rabbit. KKKKKK ITS YOURS. Don’t try and teach me what your family does. I am happy with my life the way it is. Its your Mvundhla with an H.

          • Jofa

            Our mother tongue? KKKKKK You are a fake person. This is not your mother tongue at all.

  • Zvobgo

    Judges will (when need be) warn misbehaving person(s) that, if they keep misbehaving, they will be held in contempt of court.
    The warning gives the person(s) the chance to correct their behavior without facing legal sanctions.

    Who is a judge in the cacophony of “experts”?

    • Portia Nyoni

      utter garbage….think back to when you were 17

      • Zvobgo

        why facts rile you is a mystery

        • Portia Nyoni

          well she may be 18, but that doesn’t stop the controversy about her older boyfriend.

    • Mkhululi

      Why are you repeating your useless nonsense??

  • sanch

    if he is in contempt of court
    then you should prosecute him

    • Beyonce

      This does not conform to conventional wisdom.

  • Dudu Mdlaziba

    Chamisa Must Go! Khuphe the Legitimate leader must remain!

  • sazikhwama

    Scary, if this Chamisa boy is given the country to rule. There would be no rule of law and everybody would be expected to do as he wishes. The Mobutu of Zimbabwe. Serious

    • mntungwa

      true ulamawala njani mina vele ngiyenyanya shame!!!

  • Doris Costance Madlipipi

    Then they should use their council to impose own Judges, like they did in Chamisa’s case.

    • Barrack

      The real problem is promiscuity and the modern attitude that s ex is simply a widely practiced contact sport.

      • malume Makhovula

        suka lapha wena fudu wazini ngePOLITIKI hamba uyegqoka fest

        • Barrack

          try yoga it will work wonders for your closed mind.

    • mongesuthu

      kanti wena libizo bani lonalelo elithi madlipipi

  • siphilanzima

    it should be MDC khupe and MDC Chamisa rather than for them to fight each other

  • Libertyatliberty

    &&&&1.Njabulo.libertyatliberty at gmail dot com.The spokesperson for MDC T is wrong to make such falsehood allegations about the judge who presided in the case for Intellectual Property Rights(trade mark,logo ,name) in question.In my legal reasoning ,the judgement made was proportionate with the merit of the case.There was a balance.Personally ,l want advocate Chamisa to stand as the presidential candidate of MDC T.However,in the case in discussion,Dr Khuphe has not infringed any IP Rights against MDC T.She is not passing off as the original MDC T .Thus because between her and advocate Chamisa no one has the exclusive right or has monopoly to use MDC T name,logo or trade mark ,as things stand at the moment.Dr Khuphe was elected at a congress (during the time of the late Tsvangirai).What they did was what is embodied in the MDC T constitution.A constitution is the governing body of any organisation,state ,institution,business entity or political party.All rules of running any establishments are derived from it.So,it is enshrined in the MDC T constitution ,that a Vp shall be elected in a congress and that they will take over or act in the capacity of a president of the party when on leave,incapacitated or whatever the circumstances maybe.The mistake here was made by the late Tsvangirai ,by picking other two Vps .Note that this does not mean that the Vps he hand picked are not capable to take over as presidential candidates(lest one is misconstrued).But the crux of the matter is that that brought about this crises which MDC T is facing now.The fact that advocate Chamisa is one of the Vps chosen by Tsvangirai when he was alive,confers him the right to use MDC T name,logo or trade mark(just like Dr Khuphe).Conversely ,Mudzuri (another Vp )also has the right to use MDC T name,logo or trade mark(no infringement or passing off at all).Now what is needed here ,is for Advocate Chamisa and Dr Khuphe to try and resolve this matter through arbitration or use dispute resolution method.An arbitrator has to be appointed to give an award(decision)on the problem.Parties involved can try without any legal recourse to settle the matter peacefully .Common sense has to prevail here.In my view Dr Khuphe should accept the position of being a Vp for Advocate Chamisa for progress sake and for the success of MDC T in the forthcoming elections.Then when the two terms of advocate Chamisa are over ,Dr Khuphe can the take over as the presidential candidate for MDT .Fighting or taking a simple matter like that to court is a waste of time and money.Common sense has to prevail to Dr Khuphe.My opinion without bias.+++

    • mafu

      Why do you seem to favour Advocate Chamisa as though Khupe is not capable to lead as well

      • 2

        Asisebenzise ukuhlakanipha.UKhuphe engeke ewine engu MDC T president okwamanje .Uzangena next.37 minutes ago
        Njabulo.libertyatliberty at gmail dot com.The spokesperson for MDC T is wrong to make such falsehood allegations about the judge who presided in the case for Intellectual Property Rights(trade mark,logo ,name) in question.In my legal reasoning ,the judgement made was proportionate with the merit of the case.There was a balance.Personally ,l want advocate Chamisa to stand as the presidential candidate of MDC T.However,in the case in discussion,Dr Khuphe has not infringed any IP Rights against MDC T.She is not passing off as the original MDC T .Thus because between her and advocate Chamisa no one has the exclusive right or has monopoly to use MDC T name,logo or trade mark ,as things stand at the moment.Dr Khuphe was elected at a congress (during the time of the late Tsvangirai).What they did was what is embodied in the MDC T constitution.A constitution is the governing body of any organisation,state ,institution,business entity or political party.All rules of running any establishments are derived from it.So,it is enshrined in the MDC T constitution ,that a Vp shall be elected in a congress and that they will take over or act in the capacity of a president of the party when on leave,incapacitated or whatever the circumstances maybe.The mistake here was made by the late Tsvangirai ,by picking other two Vps .Note that this does not mean that the Vps he hand picked are not capable to take over as presidential candidates(lest one is misconstrued).But the crux of the matter is that that brought about this crises which MDC T is facing now.The fact that advocate Chamisa is one of the Vps chosen by Tsvangirai when he was alive,confers him the right to use MDC T name,logo or trade mark(just like Dr Khuphe).Conversely ,Mudzuri (another Vp )also has the right to use MDC T name,logo or trade mark(no infringement or passing off at all).Now what is needed here ,is for Advocate Chamisa and Dr Khuphe to try and resolve this matter through arbitration or use dispute resolution method.An arbitrator has to be appointed to give an award(decision)on the problem.Parties involved can try without any legal recourse to settle the matter peacefully .Common sense has to prevail here.In my view Dr Khuphe should accept the position of being a Vp for Advocate Chamisa for progress sake and for the success of MDC T in the forthcoming elections.Then when the two terms of advocate Chamisa are over ,Dr Khuphe can the take over as the presidential candidate for MDT .Fighting or taking a simple matter like that to court is a waste of time and money.Common sense has to prevail to Dr Khuphe.My opinion without bias

  • prophet entabeni

    what if Chamisa wins the elections

    • Mfundisi Nyoninyoni

      Stop hallunating, mzalwane!!

  • 1

    &&37 minutes ago
    Njabulo.libertyatliberty at gmail dot com.The spokesperson for MDC T is wrong to make such falsehood allegations about the judge who presided in the case for Intellectual Property Rights(trade mark,logo ,name) in question.In my legal reasoning ,the judgement made was proportionate with the merit of the case.There was a balance.Personally ,l want advocate Chamisa to stand as the presidential candidate of MDC T.However,in the case in discussion,Dr Khuphe has not infringed any IP Rights against MDC T.She is not passing off as the original MDC T .Thus because between her and advocate Chamisa no one has the exclusive right or has monopoly to use MDC T name,logo or trade mark ,as things stand at the moment.Dr Khuphe was elected at a congress (during the time of the late Tsvangirai).What they did was what is embodied in the MDC T constitution.A constitution is the governing body of any organisation,state ,institution,business entity or political party.All rules of running any establishments are derived from it.So,it is enshrined in the MDC T constitution ,that a Vp shall be elected in a congress and that they will take over or act in the capacity of a president of the party when on leave,incapacitated or whatever the circumstances maybe.The mistake here was made by the late Tsvangirai ,by picking other two Vps .Note that this does not mean that the Vps he hand picked are not capable to take over as presidential candidates(lest one is misconstrued).But the crux of the matter is that that brought about this crises which MDC T is facing now.The fact that advocate Chamisa is one of the Vps chosen by Tsvangirai when he was alive,confers him the right to use MDC T name,logo or trade mark(just like Dr Khuphe).Conversely ,Mudzuri (another Vp )also has the right to use MDC T name,logo or trade mark(no infringement or passing off at all).Now what is needed here ,is for Advocate Chamisa and Dr Khuphe to try and resolve this matter through arbitration or use dispute resolution method.An arbitrator has to be appointed to give an award(decision)on the problem.Parties involved can try without any legal recourse to settle the matter peacefully .Common sense has to prevail here.In my view Dr Khuphe should accept the position of being a Vp for Advocate Chamisa for progress sake and for the success of MDC T in the forthcoming elections.Then when the two terms of advocate Chamisa are over ,Dr Khuphe can the take over as the presidential candidate for MDT .Fighting or taking a simple matter like that to court is a waste of time and money.Common sense has to prevail to Dr Khuphe.My opinion without bias&&&