Professor Lovemore Madhuku, who is ousted Movement for Democratic Change-T leader Thokozani Khupe’s lawyer, says his client’s rival Douglas Mwonzora is the lawfully elected party leader despite the chaos that rocked the elective congress.
He said Mwonzora’s election could only be set aside by a competent court of law, adding that Khupe has no legal grounds to nullify the disputed outcome.
As stated by Madhuku, Khupe could not at law have stopped the chaotic congress proceedings because once the voting process started she became conflicted as a candidate and thus could not be a referee and player at the same time.
“Once the first ballot was cast, Khupe became a candidate, which raises a conflict of interest, the congress could only thereafter have been stopped by the independent electoral body or an order of a competent court of law; not one of the four candidates,” he said.
Madhuku told The NewsHawks that since the voting process was never stopped at law, the outcome announced by the independent electoral commission is presumed valid, hence enjoy a presumption of validity and thus Mwonzora is the new leader unless his disputed election is set aside by a competent court of law.
