Chamisa goes back to court

The Nelson Chamisa-led faction has once again approached the High Court in its quest to bar former party deputy president Dr Thokozani Khupe's formation from using the opposition party's name.

The fresh action comes in the wake of last week's Supreme Court ruling that the dispute over use of MDC-T party symbols pitting Chamisa and Dr Khupe divisions should be heard as a matter of urgency before the High Court.

The court is called upon to decide the authentic owner of the party between the two. Through its lawyer, Advocate Thabani Mpofu, the Chamisa-led faction has filed its declaratur (order seeking an official statement) last Thursday, pleading with the court to grant them the relief they seek.

The superior court remitted the matter back to the lower court after the Chamisa-led faction successfully appealed against Bulawayo High Court judge Justice Francis Bere's ruling last month that the two factions should have their standoff fixed through arbitration.

In submission to the Supreme Court's decision, the Chamisa-led MDC filed its papers for a declaratur and an interdict against Dr Khupe's faction. The Chamisa-led faction argued that Dr Khupe and her core-associates Mr Obert Gutu and Mr Abednico Bhebhe, listed as respondents in the matter, were not entitled to continue using party's name, symbol, logo and trademarks, them having been ousted from the party and subsequently forming their new political ensemble.

"As a result of their expulsion, the first, second and third defendants (Khupe, Gutu and Bhebhe) lost the right to the use of the name, symbol, logo and trademark of the MDC," said Adv Mpofu. "Despite losing the right to the use of the name, symbol, logo and trademark of the plaintiff (MDC), defendants have without lawful excuse continued to hold themselves out as belonging to the plaintiff and have abused its name, symbol, logo and trademark."

"Defendants appointed a whole new executive structure with its own officials who are different from those of the plaintiff."

Adv Mpofu further stated that Dr Khupe's formation came up with a new logo which, he argued was a departure from the one provided for in the MDC-T statutes.

"The defendants have now provided headquarters for their political outfit which headquarters are different from those of the plaintiff," charged Adv Mpofu.

Dr Khupe's holding of their purported congress and the decision taken thereat, Adv Mpofu argued, constituted, on their part, an act of secession from the MDC-T.

Adv Mpofu said the purported congress was held in direct insurrection of the statutes of the party.

"The plaintiff is seeking a declaration that the trio and all those acting through or in common purpose with them are not entitled to the use of the name, symbol, logo and trademarks of the MDC serve with the direct authorisation of its National Council," he averred.

"Wherefore plaintiff prays for; an order interdicting defendants and all those acting through or in common purpose with them from the use of the name, symbol, logo and trademarks of the plaintiff serve with the direct authorisation of its national council (and) an order for the delivery to the plaintiff by the defendants and all persons acting through them, of all documents, posters, advertising material or any other material in their possession or that of their privies bearing the mark(s) or so nearly resembling the trademark of the plaintiff."

Mr Chamisa and Dr Khupe are fighting for special rights to the party name and symbols after an acrimonious fall out over the succession of founding MDC-T leader Morgan Tsvangirai, who succumbed to cancer in February this year.