#CHAMISAvsKHUPE ROUND 2 AS CHAMISA CHALLENGES HIGH COURT ON MDC NAME
The legal battle for control of the MDC-T between arch-rivals Nelson Chamisa and Thokozani Khupe is far from over.
This follows a Supreme Court appeal against the judgement of Justice Francis Bere who ruled that no-one was the legitimate leader of the MDC-T party and its symbols and the matter would have to be resolved either through legal or arbitrary means.
The Chamisa group engaged the services of Harare lawyer Advocate Thabani Mpofu to lodge the appeal.
In the notice of appeal lodged at the Supreme Court the appellant (Chamisa MDC-T) argues that High Court judge Justice Francis Bere erred in making pronouncements on substantive issues not placed before it and which the parties had no opportunity to advance arguments on.
The MDC-T further argues that the High Court misdirected itself seriously by finding the matter not urgent which misdirection led to failure by the court to consider the applicable principle of time and consequence.
The applicant further accuses the court for coming with a wrong conclusion premised on the view that the applicant had not instituted proceedings before it and so erred in making a determination without having any regard to the applicant’s constitutive documents and operational statutes.
The applicant finally contends that after making incorrect findings the High Court erred in dismissing the case though in its own reasoning the matter could not be dismissed but had to be resolved in fully contested proceedings.
The applicant seeks the appeal to succeed with costs, an order setting aside the order of the High Court and that the order be heard on merits before a different judge at Bulawayo High Court.