Complications of the congress season

WELCOME to the MDC Congress season. The circus has just dropped right down at Harvest House. All the actors have already donned their stage costumes, save for Vimbai Tsvangirai-Java, whose congress appears to have been confined to her hospital bed.

We wish her a quick recovery.

Word in every corridor, far and near, are the hushed discussions about the dethronement of Advocate Nelson Chamisa from the leadership of the party formed by the late Mr Morgan Tsvangirai, 20 years ago.

How and why did Mr Chamisa become a subject of the High Court's interest? Did the court exert itself on the youthful politician or the politician provoked the interest of the court?

For starters, the MDC constitution mandates the party to go for an elective congress after every five years, making 2019 the due date for such congress. Mr Tsvangirai won the presidency in all the congresses he went through in his lifetime. In his absence, new contestants are trying their luck on the hot seat.

Unfortunately, Mr Tsvangirai did not live long enough to see the 2019 congress, prematurely dying 15 months prior.

His death triggered an ugly power struggle that spilled outside the party's constitution. The constitution was relegated into a hapless bystander as the party bulwarks ran riot to outfox each other to the chair he left vacant.

According to the MDC constitution, Mr Tsvangirai's Valentine's Day death in 2018 was supposed to trigger an extraordinary congress meant to install a leader.

In the run up to that congress, the deputy president was supposed to become president, albeit in an acting capacity. But the MDC had three deputy presidents? This became the elephant in the room.

Of the three deputy presidents Mr Chamisa, Mr Elias Mudzuri and Dr Thokozani Khupe, only Khupe had the blessings of congress.

She won ahead of other contestants to the VP post at the party's 4th congress. Mr Chamisa and Mr Mudzuri only appeared in a surprise appointment by Tsvangirai while on his death bed.

These appointments violated the party's constitution.

Both Messrs Mudzuri and Chamisa were mere guests of Mr Tsvangirai in the presidium, making their appointments hollow and void.

The High Court simply noted the pronouncements of the party's constitution in its judgment.

It's a case of the proverbial pig frying in its own fat.

There is no justification whatsoever for the same pig to accuse the goat for having pledged its fat for her fry.

The MDC-T party, whose Vice Presidency was illegally given to Messrs Chamisa and Mudzuri remains intact. It participated in the 2018 presidential election, coming third in the race under the leadership of Dr Khupe.

Fair and square.

On the flip side, Mr Chamisa, a merchant of war, hostility and aggression declared the legitimate leader of the party, Dr Khupe persona non grata at the party offices, both in Harare and Bulawayo.

Dr Khupe quietly walked away fearing for her life after almost being burnt alive in a hut at Mr Tsvangirai's burial in Buhera.

Adv Chamisa and seven other parties coalesced into a union of parties which was christened MDC Alliance. Ironically, the same party continued its occupancy of Harvest House, headquarters of the MDC-T led by Dr Khupe.

Adv Chamisa and crew went on to claim $1.8 million from the treasury under the political parties funding arrangement.

He went on to exploit the company's material and human resources despite being a leader of a different political party. Their exploitation of the said resources in itself triggers a criminal claim from the legitimate owners of the resources in question.

Legally speaking, Dr Khupe is the custodian of the MDC-T, all its resources, liabilities and legal obligations. The current occupants at Harvest House are illegal impersonators whose eviction order can be produced at the shortest possible notice.

What avenues had Adv Chamisa in hand to earn the leadership of the party? Pertinent question on the lips of many people.

Being an advocate at law, he had the legal route at his disposal to fight his way to the helm of the party. He chose to ignore it. He found the way to be too long. He felt too cold without the presidential jacket as Mr Tsvangirai lay still in his coffin.

The fights began at Humanikwa Village, as the grave was being dug.

Given Adv Chamisa's charisma and captivating orature, he could have beaten anyone hands down, especially the poor speaking Khupe, to a nationwide canvassing for support from the grassroots.

Legally, Adv Chamisa is Dr Khupe's superior given his legal credentials.

His bypassing of a clear constitution his office is expected to protect, promote and uphold is difficult to comprehend.

In Adv Chamisa camp of outlaws are lawyers of international repute, therefore their chosen unconstitutional path to the helm can't be anything but unnecessary mischief.

Now that the chickens have come home to roost, the party is now in sixes and sevens over an outright illegality performed in broad daylight in the eyes of the said learned lawyers.

If Adv Chamisa has any qualms with anyone, it can never be the court or another party except himself.

The plaintiff in the lawsuit that dismissed him from the party presidency did not come from Government buildings, but Harvest House.

Let the MDC taste and eat the output of their constitution. That is the democracy that they preach about night and day.

Where the party finds the constitution an inconvenience, let them amend it to their desired taste.

For now, its game on.

Let the rule of law prevail.