Khupe, Chamisa parties to use same name, logo

Thokozani Khuphe

Thokozani Khuphe

Fidelis Munyoro/Auxilia Katongomara, Chronicle Reporters
THE MDC-T factions led by Dr Thokozani Khupe and Advocate Nelson Chamisa will continue using the same party name, symbol and logo until the High Court determines the legitimate successor to the late Mr Morgan Tsvangirai.

Supreme Court judge Justice Paddington Garwe, sitting with Justices Mary Anne Gowora and Antonia Guvava, referred the matter back to the High Court for determination on who is the legitimate party leader.

The Chamisa-led MDC-T faction had appealed the High Court decision allowing Dr Khupe and her followers to use the opposition party’s logo and emblem.

Justice Garwe partially allowed the appeal but temporarily placed Dr Khupe and Mr Chamisa on an equal footing pending a full trial by the High Court to establish the true leader.

Rowdy MDC-T thugs could be heard singing and chanting slogans outside the Supreme Court in Harare disrupting the court proceedings.

Some got to the extent of hitting the doors to the courtroom, a development that called for the intervention of the police reaction group.

Riot police were quickly called to maintain peace and to prevent the violent group from further disrupting the court session.

The MDC-T supporters, who were dressed in party regalia, also interferred with traffic along Samora Machel Avenue.

Some party members bussed from high density suburbs to cause chaos at the court were dropped right in the middle of the road causing a serious traffic jam along Samora Machel around midday.

Advocate Nelson Chamisa addresses one of his rallies in this file photo

Advocate Nelson Chamisa addresses one of his rallies in this file photo

In their ruling the Supreme Court judges said: “It is ordered by consent that:

(1)    The appeal be and is hereby allowed with no order as to costs.
(2)    The judgment of the court a quo is hereby set aside and in its place, the following is substituted:

i) the application for this matter to be dealt with on an urgent basis is granted.
ii) In view of the material disputes of tact afflicting the application, it is ordered that the application be referred to trial for the resolution of the following disputes:

a)    Whether or not there are two MDC-T parties
b)    If not, whether the respondents are entitled to the use of the name, symbol, logo and trademarks of the MDC-T…”

The Supreme Court directed the parties to file their papers for the High Court case within 10 days to ensure the matter is heard on an urgent basis.

The ruling means the two will continue holding themselves out as MDC-T parties pending determination of the main dispute by the High Court.

The High Court will hear the matter on the merits and hear evidence from witnesses whenever necessary.

Adv Thabani Mpofu appeared for Mr Chamisa who is the applicant in the appeal while Professor Lovemore Madhuku represented the respondents Dr Khupe, Messrs Obert Gutu and Abednico Bhebhe.

Mr Chamisa and Dr Khupe are locked in an acrimonious power struggle sparked by the death of founding party leader Mr Morgan Tsvangirai in February this year.

The Chamisa camp filed an appeal at the Supreme Court challenging the High Court decision refusing to bar Dr Khupe’s formation from using the same party name, trademark, signs and symbols.

The High Court in Bulawayo recently ruled that an urgent application filed by the Chamisa-led faction was not urgent.

Justice Bere (now with the Supreme Court), who presided over the matter, also ruled that nothing stopped Dr Khupe from running her formation under the MDC-T name.

The Chamisa-led MDC-T faction in the appeal wanted the Supreme Court to set aside the High Court decision.

It also wants the dispute heard afresh before a different judge.

In its grounds of appeal filed at the Supreme Court, the Chamisa faction argues that the lower court erred in making pronouncements on substantive issues not before it, and on which the parties had advanced no argument.

The court, according to the camp, erred in coming to the conclusion that the appellant had not instituted the proceedings before it.

The decision, it argued, was made without having any regard to appellant’s constitutive documents and/or operational statutes.

@AuxiliaK

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  • Nsukwini

    Whilst I understand that the T in this Party’s name synonymous with one of the iconic founding members of the MDC I think Chamisa should strategize by moving away from a situation that might cause wide spread confusion amongst those who support it and recognize him and those who recognize Khupe. What would I do? Rebrand with clarity. Change the name to maybe MDC O (Original) without forgetting those that have left us using a symbol with the pictures of the late Morgan and the late Gibson with a open palm raised by both. In other words I am saying that at this time and point with what we know from the past no one can be certain that the Courts handling this case are impartial or will not follow agendas of other groups as seen in the past. Whos to say that this dispute will not go on until the elections are days away.It is clear that Dr Khupes intentions have changed to those of spoiler if we go by the flopped rallies she has tried to address, even in her own home area. If there was any intention for her desire change she would have long grasped this and sort talks with her rival. That being the case one has to wonder what does she gain from all this.

    • Mzwazwa

      Which rallies are you talking about? It’s your democratic right to support Chamisa but lying like he does is unforgivable. Look at the numbers from the primary elections by the Chamisa faction and realize that you are heading for disaster.

      • Nsukwini

        That is your opinion. For me I cannot see a worse Disaster than what we have been in the past 30 years and right now. Can you tell me which Politician has not lied? You have heard lies overs and overs again by those that had the power to make their lies truths. Chamisa’s so called lie can only be that when he fails on his promises. As one said here who says Africans can not have bullet trains in say 20 years time? Do African leaders think of the near future mid future and distant future like they should? Not this current crop. They see the future in front of their nose only and to the h*ll with the rest.

        • Galveston

          It’s not about whether Africans can or cannot have bullet trains. No, it’s about African governments getting their priorities right in terms of decent service delivery systems which will benefit their populaces.

          • Nsukwini

            I totally agree, but the point I am making is not merely about Bullet trains but it is about indwangu ezihlekana izipongo. All of a sudden Chamisa is the only Politician that makes promises that he maybe he cannot keep yet we have been hearing Promises from others here for ages and nothing has ever come true. All of a sudden there are people on this platform with very short memories. In my humble opinion Chamisa has short comings that I think would not make him a great leader. However he has age on his side and if guided he can learn and improve. The others are tried and tested failures who over 37 years bowed down to an old man that was destroying the country and done nothing till he fired one of them. If he had not fired one of them and tried to get rid of the others everything would have been the same. Where is the Batoka Gorge project that was supposed to make us independent of the need to import power? What we need is a situation where Politics and Military do not mix. Where the Police force steers clear of Politics. This can be achieved by a new dispensation in the true sense. Not a Junta.

          • mkhonto kaNyangolo

            So wena nsukwini ubona kulungile ukuthi uchamisa leqembu lakhe befake amashona azomela amandebele kuma\council elections eBulawayo. IZanu pf noma bedliwa njani eMatabeleland baqhubeka befaka abantu besintwini ngleinye ilanga bazaphendulwa njalo ngiyabona isikhathi sesiseduze umvuzo bawuthole.

          • Galveston

            Indeed; you make a some very valid points in your current comment. These are points that I did not take into consideration when I wrote my response to your previous post. I humbly beg your pardon?

  • Major Musango

    This is all you guys have …. nothing good about MDC

  • Doris Costance Madlipipi

    The council is the ones to blame out of this. Chamisa is right he was imposed, Khupe is right she was elected twice at congresses. This council’s short sightedness led to this division. Some of us now feel, it was a ploy to get rid of strong Matebeleland leaders while replacing them with stooges like Thalitha & Ncube. I never thought I would at 1 day turn my back to MDC, thanks to that council. A congress should have settled everything comradeship way. Im now looking for a NEW party after 20 years!

    • Mkhulu

      It’s this Chamisa thing namawala.He thought by grabbing power everyone would just be railroaded like people from the North.Show them sis’Thoko that #asifuni bumbulu

  • moyoza

    Thank you Khupe for standing against this Shona supremacism mentality. Even if they insult you tell them zihlama zabo ezigcwele uboya bamagundwane

  • 1975

    Fidelis and Auxilia. You define a group of people signing and chanting party slogans as Rowdy MDC-T THUGS – shame on you for your lame reporting. So it follows that if Zanu-pf supporters are signing and chanting party slogans they are Thugs too. Rowdy thugs are journalists like you who fail to be objective. you have reduced your tabloid to nothing else but tissue paper. as journalists have the gusts to say the truth as it is #telling the truth like it is. The truth is what will build Zimbabwe but it looks like you are bent on inciting violence and destroying our nation. # No foolish Journalism but constructive journalism.

    • butch

      Hmmmm, but you are reading the tissue paper…..just saying

  • msongelwa.

    I can forsee Zanupf winning these upcoming elections because MDC papers will be spoiled because most people in rural areas they will vote for both Khuphe and Chamisa, this issue was supposed to be carefully handled because majority of those who are voting are old people some can’t read at all , MDC failed the people by their infighting especially Chamisa he is the one to blame for chaos and confusion , and waiting to see what will happen if the court declares Khuphe the legitimate MDC leader, abantu bayakuzwa kuthiwa phumani odakeni bayaqubeka bayangamandla phakathi oThabitha Khumalo.