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MDC LEADER Nelson Chamisa says Thokozani Khupe will not be allowed to take over MDC party leadership even though the High court declared his elevation null and void.
www.newzimbabwevision.com says, the High court ruling will give rise to major serious legal implications for the party and Nelson Chamisa.Remember Khuphe during the 2014 MDC structures when Tsvangirai was alive, was in a position whre Khuphe was an elected Vice President of MDC T.
At the 2014 MDC T congress, Douglas Mwonzora 2464 votes then the MDC T spokesperson beat Nelson Chamisa 1756 votes for the powerful post of MDC T Secretary General.
This walloping meant that Nelson Chamisa was immediately a simple card carrying MDC T member when MDC T founder salvaged the situation and handpicked him and installed him as an unelected Vice President of the MDC T party to stand along the elected Vice President of MDC T Khuphe.
The death of Tsvangirai on 14 February 2018, created an opportunity for Nelson Chamisa to ursurp power and eject the elected Vice President Khuphe from the MDC T and take over power. The High court has however ruled against the rise of Chamisa as clearly a failure by the MDC T to respect the MDC T constitution through the way Chamisa was launched to lead. This is the basis of the High court saying Chamisa’s rise is illegitimate and the rightfull president of the MDC T based on the MDC T constitution and 2014 structures is Khuphe.
Further complications arise due to the fact that Khuphe is a woman and she is Ndebele, two groups that face inequality from the failure of the male , Shona dominance in Zimbabwe.
Again we must all remember that the MDC T ALlliance which Nelson Chamisa is the president, is not a political party. It is simply an opposition group of parties , which must first all be dissolved and a new MDC Alliance party is created in congress for it to then be constitutionally recognised as a political party.
It is interesting that he has huffed and puffed continuously about Mnangagwa not having the legitimacy to lead Zimbabwe, yet he himself is equally an illegitimate leader. The High court decision renders Chamisa, a simple card carrying member by law, as he is neither the MDC T president or the president of any party as the MDC Alliance is not a party. Chamisa has no claim to funding or the political party funding by Zimbabwe’s government. Being technically of no relevance legally, it is impossible to draw international support and funding, a key part of moving this forward.
What the nation must realise is that Khuphe is the recognised leader of the MDC T , Tsvangirai’s Harvest House structures as per the High Court ruling. Chamisa on the other hand , has the numbers in terms of followers but no position. He should then have long term vision and see that there was a massive error of judgement by MDC T leader Morgan Tsvangirai who deliberately violated the MDC T party’s constitution when he appointed Nelson unelected Chamisa and Ellias Mudzuri as MDC T vice presidents , his deputies in 2017.
Now Khuphe has announced that she is preparing to take over from Nelson Chamisa and lead the MDC party to an extraordinary congress as ordered by theHigh court.
Chamisa says “So, Khupe is our sister, she can come to Morgan Richard Tsvangirai House (MDC headquarters) , but only as a visitor.
“Her fate in MDC is on our agenda at the congress. That is where it will be decided, then we part ways formally.”
Meanwhile Khupe on the other hand has met with MDC secretary-general Douglas Mwonzora to discuss the High court ruling and she is keen to talk to Chamisa on the way forward..
Nelson Chamisa claims, “I was given the mandate to lead the MDC, now the courts want to give it to someone else.The court is trying to stop us. But we will not stop, we will stop the court. This party is no longer touchable”
Nelson Chamisa has warned that the party will purge some MDC officials during the party congress.
Former Bulilima East legislator Norman Mpofu yesterday likened the MDC congress to the Zanu PF style of endorsement of leaders without elections. Already, appealed to the MDC party’s national executive committee (NEC) challenging the process and outcome of the Bulawayo MDCprovincial congress held nearly four weeks ago, on the grounds that the congress was not legally constituted for failure of a quorum not withstanding the districts that were disenfranchised and refused to participate according to the appellants submission.
The Nketa legislator Phelela Masuku and eleven 11 other Bulawayo province members appealed against the process and procedures employed at the Bulawayo provincial congress held at Stanley’s Square in Makokoba Bulawayo on April 17 and 18, 2019. The group indicated that the exercise violated several sections of the party’s constitution.“The process was characterised by voter stuffing and rigging with both security teams, and presiding officers playing part thereof. The whole voting process, from ballot allocation, voting, ballot casting, counting and computation of votes cast lacked transparency and failed to meet a single thread of secrecy as dictated by our constitution.
“The withholding of information and late notification of the congress date, venue and time by provincial organiser and team, while being interested parties in the process, was manipulative and lacked credence.”
The officials said the destruction of data forms as well as refusal of wards and district to participate was not only unlawful, but criminal.
“The lack of impartiality in the security personnel and involvement of both the provincial organiser and his deputy as resource people in the accreditation and determination of delegates’ eligibility in the congress process, resulted in manipulative discrimination against those areas perceived not supportive of their lot,” the officials submitted.
“The directive given by the president Chamisa to national organiser Amos Chibaya, on being petitioned at the congress venue by disenfranchised delegates who were refused to participate, was only acceded to after the conclusion of both the youth and women processes, effectively denying them the vote and creating complexities for main wing processes by (the) introduction of non-eligible delegates.
“Mpopoma was effectively locked out of participation, and the caucus constituted by Chibaya to address the anomaly calculatedly and mischievously took forever resultant acceding at the close of the voting process. The cabal of James Sithole and Helen Zviviri (Tsepiso Mpofu) formed the think-tank of the caucus.”
In their detailed outline, the appellants said the presiding officers, jointly with the national organiser, failed and/or disregarded the establishment of the existence of a quorum prior to the commencement of the process as stipulated in the congress template.
“Section 9(a) of the MDC 2019 congress template stipulates a 2/3 of all eligible delegates as a quorum to constitute the holding of a congress,” the officials said.
The appellants said eligible delegates to the provincial congress, as contained in the party’s constitution, were supposed to be 2 577, but the delegates who participated in the congress were 1989, a figure below the expected number by 588.
“Notice giving effect of the congress on April 17 at 10am as posted on April 16 at 6:14pm by the provincial organiser, effectively giving 16 hours notice, thus disenfranchising working delegates as there was no opportunity to seek leave of absence from work to attend congress,” the petition reads.
They also said the election of the Mpopoma women structures was not procedural in that in each portfolio, the losing candidate was unilaterally installed as automatic deputies by the presiding officer, one Tendai Gwaradzimba, denying prospective candidates to be nominated and voted for.
The appellants said such was a clear violation of the MDC party’s electoral rules.
Results for the main wing saw Phelela Masuku getting 307 votes for the chairmanship after being defeated by James Sithole, who got 509 votes, among other provincial executive positions, which the appellants claim were taken by those belonging to the Sithole faction.
They prayed that the whole process and the outcome of the Bulawayo provincial congress be nullified and that a fresh process of holding a provincial congress be instituted.
Contacted for comment the MDC spokesperson Jacob Mafume could neither confirm nor deny that an appeal had been filed.
“The constitution provides for an appeal process, which goes to the national executive. If it has been filed, then the special committee will handle that appeal. Once it concludes, we can then comment. Now it’s a sub judice. As a democratic party we allow appeals and the right to be heard,” Mafume said.
Former Bulilima East legislator Norman Mpofu yesterday likened the MDC congress to the Zanu PF style of endorsement of leaders without elections.
“MDC Chamisa provincial congresses are over and only Chamisa romped to victory unopposed. What a circus? The faction in charge of the party closely monitored the nominations and Chamisa personally presided over the congresses the Zanu way. We saw other contestants disadvantaged in the same manner,” Mpofu said.
“This is a far cry from what the nation expects from a party fighting for democracy. Structures were manipulated. Chamisa wielded so much influence over the elections compared to his competitors. This is a Zanu PF way of running elections.” as reported on newsday
The situation discerning eye www.newzimbabwevision.com says, the only way forward is for Chamisa and Khuphe to work together as fighting between themselves will not get the nation anywhere. The MDC must lead in Respect for the rule of law, respect the party constitution and High court and uphold democracy as charity begins at home….’Its complicated,..DISCUSS!’ Sibusiso Ngwenya
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