News / National
Chamisa loses to Khupe
24 Apr 2018 at 15:06hrs | Views
THE High Court on Tuesday dismissed the application by the Advocate Nelson Chamisa led MDC-T faction in the fight over the ownership of the party name and symbols.
The bitter wrangle involves a group led by the opposition party's president Advocate Chamisa and his rival Dr Thokozani Khupe, the party's expelled co-deputy president.
Bulawayo High Court judge Justice Francis Bere ruled that there is a constitutional crisis in the MDC-T, which must be urgently resolved first to determine the legitimacy to one of the competing parties to the leadership of the party.
In dismissing the case, cited as Movement for Democratic Change v Thokozani Khupe, Obert Gutu and Abednigo Bhebhe HC1051/18, Justice Bere declared that "there is absolutely no urgency in the matter" and that "the application will not go beyond the preliminary points."
"There is a constitutional crisis in the MDC-T, which must be urgently resolved first to determine the legitimacy to one of the competing parties to the leadership of the party. That resolution is the only one that must confer legitimacy to one of the competing parties to the leadership of the MDC-T," he said.
Justice Bere said until legitimacy to the leadership is confirmed through a court process or some other competent means like arbitration, none of the MDC-T factions can claim to be the lawful authority of the party.
"You cannot make a claim to urgency if the issue of legitimacy to leadership has not been confirmed," declared Justice Bere. The learned judge also urged applicant to approach an independent, impartial and competent court of law to determine the leadership contest of the MDC.
"Issues of legitimacy in the MDC-T cannot be determined on the altar of popularity. The dispute must simply be put for adjudication before a proper forum," declared Bere.
The judge further noted that "Section 72 Chapter 26.04 of the Trademarks Act" on which the applicant had brought the action, "had not been fully complied with."
Komichi's lawyers, Josphat Tshuma and Lucas Nkomo, had filed an urgent chamber application citing Khupe, former national organiser Abednico Bhebhe and former party spokesperson Obert Gutu as respondents.
Khupe's lawyer Lovemore Madhuku opposed the application.
Obert Gutu celebrated the judgement, he wrote, "Justice Francis Bere has dismissed,with costs,the High Court application that was launched by Morgen Komichi et al against myself,Hon.Dr.Thokozani Khupe & Hon.Abednico Bhebhe.
We're on a roll !!"
This is a developing story and will be updated as new information is received.
The bitter wrangle involves a group led by the opposition party's president Advocate Chamisa and his rival Dr Thokozani Khupe, the party's expelled co-deputy president.
Bulawayo High Court judge Justice Francis Bere ruled that there is a constitutional crisis in the MDC-T, which must be urgently resolved first to determine the legitimacy to one of the competing parties to the leadership of the party.
In dismissing the case, cited as Movement for Democratic Change v Thokozani Khupe, Obert Gutu and Abednigo Bhebhe HC1051/18, Justice Bere declared that "there is absolutely no urgency in the matter" and that "the application will not go beyond the preliminary points."
"There is a constitutional crisis in the MDC-T, which must be urgently resolved first to determine the legitimacy to one of the competing parties to the leadership of the party. That resolution is the only one that must confer legitimacy to one of the competing parties to the leadership of the MDC-T," he said.
Justice Bere said until legitimacy to the leadership is confirmed through a court process or some other competent means like arbitration, none of the MDC-T factions can claim to be the lawful authority of the party.
"You cannot make a claim to urgency if the issue of legitimacy to leadership has not been confirmed," declared Justice Bere. The learned judge also urged applicant to approach an independent, impartial and competent court of law to determine the leadership contest of the MDC.
"Issues of legitimacy in the MDC-T cannot be determined on the altar of popularity. The dispute must simply be put for adjudication before a proper forum," declared Bere.
The judge further noted that "Section 72 Chapter 26.04 of the Trademarks Act" on which the applicant had brought the action, "had not been fully complied with."
Komichi's lawyers, Josphat Tshuma and Lucas Nkomo, had filed an urgent chamber application citing Khupe, former national organiser Abednico Bhebhe and former party spokesperson Obert Gutu as respondents.
Khupe's lawyer Lovemore Madhuku opposed the application.
Obert Gutu celebrated the judgement, he wrote, "Justice Francis Bere has dismissed,with costs,the High Court application that was launched by Morgen Komichi et al against myself,Hon.Dr.Thokozani Khupe & Hon.Abednico Bhebhe.
We're on a roll !!"
BREAKING NEWS
— Obert Gutu (@GutuObert) April 24, 2018
Justice Francis Bere has dismissed,with costs,the High Court application that was launched by Morgen Komichi et al against myself,Hon.Dr.Thokozani Khupe & Hon.Abednico Bhebhe.
We're on a roll !!@jhm1902@dewamavhinga#ServantLeadershipAndService
This is a developing story and will be updated as new information is received.
Source - chronicle
