Movement for Democratic Change leader Nelson Chamisa has dismissed Justice Francis Bere’s judgment in which he threw out his faction’s urgent application to bar the Thokozani Khupe faction from using the MDC-T name and symbol saying it is political.
His spokesman Luke Tamborinyoka said that though Khupe had won, this did not in any way change the political reality on the ground.
“The political reality is that Dr. Khupe and her cabal remain expelled from the party and recalled from Parliament by the legitimate organs of the party and that the party continues to be on the roll,” Tamborinyoka said.
“The massive turn-out at President Adv. Nelson Chamisa’s rallies is testimony to the fact and the political reality obtaining on the ground.
“As for Justice Bere’s judgement, we believe it is political, controversial, appealable and contestable.
“In the court of public opinion, Zimbabweans are clear that the MDC-T and the MDC Alliance are the only games in town.”
Tamborinyoka said the party will do all in its power to stop the abuse of its name, logo, trademark and symbols in line with the resolution of the party’s national council.
On the ground, President Adv. Chamisa is continuing with his huge, popular and well-attended rallies in the country’s rural areas.
According to the Chronicle, Justice Bere said there was a constitutional crisis within the MDC-T which has to be solved urgently.
“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.
“It therefore makes sense to put that dispute before an impartial body to give guidance or lasting solution to the conflict. Issues of legitimacy in the MDC-T cannot be resolved on the basis of popularity or lack of it.
“There should be no room for the subversion of that constitution by any of the factions or any member of the party, and whenever that happens, it would be a serious violation of the rule of law. The issue of a trade mark is a peripheral one that should resolve itself once the substantive issue of the legitimacy to the MDC-T leadership is resolved.
“Whichever faction is determined to be the legitimate claimant to the MDC-T throne will automatically lay claim to the party’s trademark.”