Thokozani Khupe led MDC-T faction spokesperson Obert Cutu has confirmed that the urgent chamber application filed by Nelson Chamisa that was scheduled to be heard today at the Bulawayo High Court by Justice Francis Bere has been postponed to 17 April.
Speaking on Twitter, Gutu said the matter was postponed after Khupe’s lawyer Lovemore Madhuku failed to attend the hearing which was scheduled at 2PM. Said Gutu
Urgent chamber application that was scheduled to be heard before Honorable Justice Francis Bere at the Bulawayo High Court at 14.00 hours this afternoon has been postponed to April,17,2018 at 14.00 hours. Judge granted the postponement to enable Prof. Lovemore Madhuku to attend the hearing.
Chamisa’s lawyers Atherstone and Cook Legal Practitioners filed an urgent chamber application at the Bulawayo High Court seeking an order to stop Khupe, Mr Abednico Bhebhe and Gutu, from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs.”
In his founding affidavit, MDC-T acting chairperson Mr Morgen Komichi said the trio cannot use the MDC-T name because they were dismissed from the party on March 23 this year. Komichi said Dr Khupe and her allies were causing confusion and misleading MDC-T followers by continuing to use the party trademark, symbols and signs in violation of the Trademarks Act.
The trio through their lawyers TJ Mabhikwa and Partners yesterday filed a notice of opposition to Chamisa’s application. In her opposing affidavit, Khupe insisted she was the acting president of the MDC-T as provided for by Article 9.21.1 of the party’s constitution having been elected by the congress in 2006, 2011 and 2014 as provided for in Article 6.44.