Opinion / Columnist
Chamisa has learnt nothing from the MDC etal vs Mashavira etal court judgement
16 Oct 2023 at 11:53hrs | Views
CHAMISA HAS LEARNT NOTHING FROM THE MDC ET AL VS. MASHAVIRA ET AL 31 MARCH 2020 SUPREME COURT JUDGMENT
NELSON CHAMISA:
"We have not officially launched the Triple C in terms of the structure that is going to ...[inaudible]. What we have is a ...[inaudible] structure, which is an interim structure, it does not have senior leaders. But you always want to import your seniority. Don't look at MDC-Alliance and import it into Triple C. Triple C is a new kid on the block. You have this penchant of wanting to put structures, titles that are not there. We don't have those titles".
PUBLIC EYE:
"So if Triple C is a new kid on the block, as you claim, who then is the parent or who are the parents of the new kid on the block, whether natural or adoptive? In other words, whose kid is Triple C? Surely Triple C is not an orphan and surely it is not a product of the holy Ghost or is it? And last but not least, when is a new kid on the block "launched", or on what birthday is it "launched", if it is not launched when it is born nor on its first anniversary?"
COMMENT:
It appears that, to his detriment, Chamisa has forgotten too soon what Justice Bharat Patel said in that notoriously famous 31 March 2020 Supreme Court judgment in the MDC et al v Mashavira et al case. To remind him, Justice Patel said:
"In the final analysis, I take the view that the corrective intervention of this Court in the affairs of the Party is a matter of significant public importance, not only in relation to the Party and its members but also as regards the governance of political parties generally. It is necessary that the Court should deliver its definitive pronouncement on the legitimacy of the second appellant's ascent to the presidency of the Party. It is further necessary to ensure that the leadership of the Party is constitutionally and lawfully ensconced. The imbroglio that the Party's leadership has become entangled in may well be water under the bridge. But it is a bridge that, for the sake of the Party's stature and credibility, needs to be correctly and systematically constructed. In short, notwithstanding the political mootness of this matter, it is imperative that there should be an authoritative determination of this appeal in the interests of justice."
In a nutshell, the structure of political party and the legitimacy of its leadership are not a private or personal affairs of those who claim to lead the party, but are matters of immense public importance and constitutional significance. This is particularly true of a political party that is in Parliament and claims entitlement to public funding by tax payers under the Political Parties [Finance] act Chapter 2:11.
It is clear that, by running Triple C like his own personal formation or toy using "strategic ambiguity" [confusionism] in his internal and external communication under what he calls "wapusa wapusa" organisational design [structureless and positionless darkness]; Chamisa has most definitely learnt nothing from the political debacle visited upon him by the 31 March 2020 Supreme Court decision in the Mashavira case.
To put it bluntly, and this has been said here ad infinitum as far back as one cares to remember, it is simply not on for a political party which styles itself as the main opposition and a government-in-waiting and which is in Parliament not to have a constitution deposited with ZEC, not to have structures, and not to have officeholders within those structures for membership and public accountability.
As alleged Triple C pillars, Chamisa's "strategic ambiguity" and "wapusa wapusa" are plainly unconstitutional!
NELSON CHAMISA:
"We have not officially launched the Triple C in terms of the structure that is going to ...[inaudible]. What we have is a ...[inaudible] structure, which is an interim structure, it does not have senior leaders. But you always want to import your seniority. Don't look at MDC-Alliance and import it into Triple C. Triple C is a new kid on the block. You have this penchant of wanting to put structures, titles that are not there. We don't have those titles".
PUBLIC EYE:
"So if Triple C is a new kid on the block, as you claim, who then is the parent or who are the parents of the new kid on the block, whether natural or adoptive? In other words, whose kid is Triple C? Surely Triple C is not an orphan and surely it is not a product of the holy Ghost or is it? And last but not least, when is a new kid on the block "launched", or on what birthday is it "launched", if it is not launched when it is born nor on its first anniversary?"
COMMENT:
It appears that, to his detriment, Chamisa has forgotten too soon what Justice Bharat Patel said in that notoriously famous 31 March 2020 Supreme Court judgment in the MDC et al v Mashavira et al case. To remind him, Justice Patel said:
In a nutshell, the structure of political party and the legitimacy of its leadership are not a private or personal affairs of those who claim to lead the party, but are matters of immense public importance and constitutional significance. This is particularly true of a political party that is in Parliament and claims entitlement to public funding by tax payers under the Political Parties [Finance] act Chapter 2:11.
It is clear that, by running Triple C like his own personal formation or toy using "strategic ambiguity" [confusionism] in his internal and external communication under what he calls "wapusa wapusa" organisational design [structureless and positionless darkness]; Chamisa has most definitely learnt nothing from the political debacle visited upon him by the 31 March 2020 Supreme Court decision in the Mashavira case.
To put it bluntly, and this has been said here ad infinitum as far back as one cares to remember, it is simply not on for a political party which styles itself as the main opposition and a government-in-waiting and which is in Parliament not to have a constitution deposited with ZEC, not to have structures, and not to have officeholders within those structures for membership and public accountability.
As alleged Triple C pillars, Chamisa's "strategic ambiguity" and "wapusa wapusa" are plainly unconstitutional!
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