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Court Reporter
FOUR MDC-T rebels who are contesting the 31 July harmonised elections as independent candidates in Bulawayo were yesterday barred from using the party’s symbol and picture of the party leader, Mr Morgan Tsvangirai, in their campaigns.Bulawayo High Court judge Justice Maphios Cheda yesterday declared unlawful the use of the party’s logo, colours and picture of Mr Tsvangirai by Mr Kidwell Mujuru (Luveve), Mr Felix Magalela Mafa Sibanda (Magwegwe), Mr Samuel Sandla Khumalo (Pelandaba-Mpopoma) and Mr Prince Dube (Emakhandeni).

The move followed an urgent chamber application by MDC-T Bulawayo provincial leadership led by Mr Godern Moyo on Tuesday seeking to interdict Mr Mujuru, Mr Sibanda, Mr Khumalo and Mr Dube from campaigning using the party’s symbol.

“Respondents’ use of 1st applicant’s registered election campaign symbol being the open palm bearing the face of the first applicant’s president, Mr Morgan Richard Tsvangirai or part thereof of such symbol be and is hereby declared unlawful.

“The respondents are with immediate effect interdicted from using, displaying and or distributing fliers or any other such election campaign material as bears the 1st applicant’s registered election campaign symbol being the open hand bearing the face of Tsvangirai or part thereof of such registered election symbol for purposes of canvassing for respondents or any other person’s votes who is not authorised by the 1st applicant,” said Justice Cheda.

The order also compels the four to surrender all such election campaign fliers, logo, pamphlets or material bearing the face of Mr Tsvangirai to the party’s provincial offices at 41 Fort Street in Bulawayo.

MDC-T was represented by Mr Kucaca Phulu of Phulu and Ncube Legal Practitioners.
In his founding affidavit, Mr Moyo said his party had duly registered its official symbol for purposes of the forthcoming elections and the symbol is the open palm bearing the face of Mr Tsvangirai.

He said all the party campaign material carry such a symbol including the colour red and the party was not amused that Mr Mujuru, Mr Sibanda, Mr Khumalo and Mr Dube were distributing fliers in their constituencies bearing the party’s symbol.

The party challenged the use of words “our president” referring to Mr Tsvangirai, which appear below the pictures of the respondents’ campaign material, saying the four had no authority to use the symbol in their campaigns.

MDC-T leadership feared the use of the party symbol by the four was calculated to confuse the electorate and mislead the public into thinking that the respondents were MDC-T candidates as the election date draws near.

Mr Moyo said such a move was prejudicial to the party and would have dire consequences as the four sought to rise on the “popularity wave” of Mr Tsvangirai yet they would be contesting against his candidates.

“Our party president is part of our campaign assets and such asset as our president has been stolen from our party without its authority and the party seeks to enforce respondents’ compliance in terms of the Copyright and Neighbouring Rights Act, Chapter 26:05.

“The party which is on the eve of election will suffer irreparable harm if respondents are left to benefit from the use of its president’s face to further their individual interests,” said Mr Moyo.