Staunch supporters of Nelson Chamisa have long written off Thokozani Khupe as a spoiler and they will not entertain any other view. But the case is now before the courts. Lloyd Msipa, a lawyer, says the two are now set for a brutal legal battle. With Zimbabwe all out to get back into the international community, the case has international repecursions. The courts too have to show absolute impartiality. Here is his argument:
The MDC-T feud has escalated with the Chamisa led faction asking the speaker to recall Khupe from Parliament as she is part of the trio ‘fired’ that include Obert Gutu and Abednico Bhebhe.
A few days ago we had the ZEC chairperson writing to the Chamisa faction advising them of the notice put forward by the Khupe faction with the intention to use the MDC-T name in the elections.
Khupe has hired constitutional law expert Lovemore Madhuku to defend her. The stage is now set for a brutal legal battle.
The matter of who is the legitimate leader of the MDC-T will soon come under the spotlight.
The courts will be asked to interpret the MDC-T constitution and pronounce who the legitimate leader is in terms of the MDC-T constitution following the death of Morgan Tsvangirai.
The controversial rise of Nelson Chamisa will soon be interrogated. In the event of the court’s ruling against him, this may mean surrendering everything associated with the MDC-T registered name which may include but not limited to the palm symbol, the colour Red, the vehicles and maybe harvest house.
This case will be of public international interest and hence the courts have to demonstrate absolute impartiality. Interesting times ahead.
Chamisa has so far scored some legal victories against Khupe – winning the Bulawayo offices in fact it is an interim relief, and there some unconfirmed reports that his faction has also been given the funds under the Political Finance Act.
It is expected that the Chamisa faction which approached the courts in Bulawayo will also respect Khupe’s right to seek the court’s intervention in the matter of legitimacy.
The MDC-T is a legal person that can sue and be sued and it is in their constitution.
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