MDC-T leader Nelson Chamisa has filed a Supreme Court appeal against the judgement of High Court judge Justice Francis Bere’s judgement in an urgent application seeking to bar Thokozani Khupe from using the MDC-T name, symbols and party logo. Chamisa wants an order overturning Justice Bere’s ruling, and a retrial before a different judge at Bulawayo High Court.
Justice Bere ruled that no-one was entitled to lay claim of the political party’ s name and symbol without the question being resolved by a competent court. MDC-T has engaged Harare lawyer Advocate Thabani Mpofu to lodge the appeal. Chamisa argues Justice Bere made a mistake by delivering a ruling on issues not placed before him and which the parties had no opportunity to advance arguments on.
MDC-T further argues that the High Court misdirected itself by ruling that the application against Khupe was not urgent. MDC-T argues the matter should not have been dismissed but had to be resolved in fully contested proceedings.