Alex Magaisa a former advisor to MDC’s founding leader, Morgan Tsvangirai has said that Thokozani Khupe is faced with an almost impossible task both in terms of the law and in practice to implement the Supreme Court ruling which reinstated her as the leader of the opposition MDC.
In his Big Saturday Read, Magaisa who is a law lecturer in the United Kingdom said:
At law, an Extraordinary Congress must be convened in cooperation with other organs of the party. Key organs include the National Council and the provincial structures. These organs and the Congress itself must constitute a quorum (minimum number of members) for their meetings and decisions to be valid. A two-thirds majority of members is the quorum for a Congress. As eloquently explained by Professor Welshman Ncube in an interview during the week, it is the National Council that sends the notice of an Extraordinary Congress to the provincial structures. These are the minimum legal requirements which those raising the banner of constitutionalism cannot ignore.
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He notes that since the Supreme Court did not extend the terms of office of the organs that were present in 2014, Khupe or Morgan Komichi, at law, cannot hold a Congress.