Opinion / Columnist
'Chamisa will not contest at our congress because he refused to join us' - Mwonzora
07 Oct 2020 at 19:31hrs | Views
The main issue about that congress is about the decision of the Supreme Court, which is binding to all parties named in that case. That decision is also binding to all citizens of Zimbabwe and residents. That decision is also binding to the government of Zimbabwe.
It is also binding to all organisations, institutions and companies affiliated to MDC political party and those not affiliated to it, but have business dealings with it or operate parallel, but are somewhat indirectly affected by that legal binding decision.
Furthermore, a court's decision is supreme than a political party's Constitution authority or one can also say that it has an overarching authority than the authority of a political party's Constitution.
To this end, Mr M's decision to block Advocate Chamisa from participating as a candidate in the forthcoming Extraordinary Congress vote, using their party's Constitution, is therefore null and void in the eyes of the law.
All the named parties in that court case, are legally allowed to partake in that extraordinary Congress vote.
Advocate Chamisa can choose, at his own behest to participate or can willfully choose not to take part. If that is the case, the court will accept the outcome of the votes as valid. Advocate Chamisa cannot be put underdressed by that decision to participate in being one of the candidates. For as long as he willfully declares his intention not to take part, that is accepted at law. But if he is disenfranchised by anybody's decision, the court will not recognise the outcome of that Extraordinary Congress votes, as MDC party will not have adhered to its given instructions.
On the matter of Parliament, to instate Dr Khuphe as a member of Parliament, that decisions are right and it is in line with the Supreme court's decision. Parliament, therefore, acted legal . This is my comment without any prejudice, bias or favours.
It is also binding to all organisations, institutions and companies affiliated to MDC political party and those not affiliated to it, but have business dealings with it or operate parallel, but are somewhat indirectly affected by that legal binding decision.
Furthermore, a court's decision is supreme than a political party's Constitution authority or one can also say that it has an overarching authority than the authority of a political party's Constitution.
To this end, Mr M's decision to block Advocate Chamisa from participating as a candidate in the forthcoming Extraordinary Congress vote, using their party's Constitution, is therefore null and void in the eyes of the law.
All the named parties in that court case, are legally allowed to partake in that extraordinary Congress vote.
Advocate Chamisa can choose, at his own behest to participate or can willfully choose not to take part. If that is the case, the court will accept the outcome of the votes as valid. Advocate Chamisa cannot be put underdressed by that decision to participate in being one of the candidates. For as long as he willfully declares his intention not to take part, that is accepted at law. But if he is disenfranchised by anybody's decision, the court will not recognise the outcome of that Extraordinary Congress votes, as MDC party will not have adhered to its given instructions.
On the matter of Parliament, to instate Dr Khuphe as a member of Parliament, that decisions are right and it is in line with the Supreme court's decision. Parliament, therefore, acted legal . This is my comment without any prejudice, bias or favours.
Source - Njabulo
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