ZwNews.com
President Emmerson Mnangagwa’s attempt through his captured judiciary system, to halt MDC-Alliance Congress could flop on technical grounds- political analysts.
This comes after, High Court justice Edith Mushore nullified the 2016 appointment of Nelson Chamisa and Elias Mudzuri as MDC party vice presidents, together with Chamisa’s subsequent assumption of the party presidency following the death of Morgan Tsvangirai.
Mushore ordered the party hold an extraordinary congress within a month using 2014 structures.
The ruling follows an application by MDC Gokwe district organising secretary Elias Mashavire challenging the decision by the late MDC-T leader Morgan Tsvangirai to appoint the two as vice presidents in addition to then elected Thokozani Khupe.
The applicant challenged the appointments saying MDC-T’s Constitution did not empower the council or the party president to appoint a deputy president.
But analysts say the ruling is misguided and could be overturned on technicalities, saying Chamisa is now a leader of a new party.
Political commentator Elder Mabhunu says Nelson Chamisa can go ahead with his party congress as opposed to the ruling which cite the banner MDC or MDC-T, as Chamisa is now leader of a new party altogether (MDC-Alliance).
“On technical grounds, Chamisa can go ahead with his party congress, because in terms of legality, MDC, MDC-T and MDC-Alliance are three distinct legal entities.
“In legal senses his party by bearing the term ‘Alliance,’ is a different animal altogether. In legal language the name ‘Philips and Phillips’ are two different names despite the two sounding the same. The fact that the one name bears a single ‘L’ and the other has two ‘Ls’ legally distinguishes the two names,” he says.
Another analyst Eric Muzamhindo agrees that Chamisa can go ahead with his party congress under the banner Alliance; “The other idea will be to go ahead with the congress under the banner Alliance.”
Tsvangirai who was battling colon cancer and hospitalised in South Africa, said the promotion of the two was meant to help him run the party as the country prepared for the 2018 elections.
In a related matter, applicants Murimoga and Rice once raised the same issue, they argued that Tsvangirai and the party national council ignored the party’s constitution in recommending and subsequently appointing the co-VPs.
They argued that the national council could not appoint a deputy president because he or she should be voted for from nominations from provinces that make up the MDC-T, but the case collapsed.
Meanwhile, MDC-Allince spokesperson Jacob Mafume in a press statement said the party disagrees with the judgement, and vowed the congress is going ahead as planned.
“In the past few months, over 500 000 members of the MDC have been involved in a process of electing their leaders at lower levels, from branch to the province. More particularly, over 10 200 branches, 1 958 wards, 210 districts and 13 provinces have been elected.
“Strangely, Justice Mushore’s judgement contradicts and totally ignores an earlier judgement of the High Court which ruled on the case of Murimoga versus the MDC,” he said.
He added that the party is fully aware of the machinations and strategies being deployed by the Mnangagwa administration to destabilize and destroy what he calls the people’s project. “We reiterate that Emmerson Mnangagwa is illegitimate and no amount of diversionary tactics will change this fact.
“For the avoidance of doubt, preparations for the main Congress are at an advanced stage and 6 800 delegates will attend. That process is irreversible. We shall hold a historic and joyous Congress under the theme: Defining a new course for Zimbabwe,” he added.
Apparently, over the years the Zimbabwe’s judiciary system had been under fire for allegedly making political rulings, which favoured the ruling party and the status quo of the day.
