FULL THREAD: "Law Can Be Quite Confusing" - Laque On MDC Court Cases

3 years agoFri, 29 May 2020 18:12:28 GMT

FULL THREAD: "Law Can Be Quite Confusing" - Laque On MDC Court Cases

A political analyst, Davis Laque has said the court cases on the leadership crisis in the opposition MDC exhibit how confusing law can be.

He posted on Twitter after High Court dismissed an application by Chalton Hwende, MDC Alliance Secretary-General to block Thokozani Khupe’s camp from recalling MDC Alliance legislators from Parliament.

We present Laque’s twitter thread below.

The Constitutional Court led by Justice Malaba found that Chamisa was President to a party which had participated at the polls and was known as MDC-A according to its electoral and legal documents before his court.

Justice Patel observed that the fights pertaining to the rise of NC in the MDC-T had become moot since he had held a Congress & was the undisputed leader of that party which participated at the polls, & MaKhupe had done the same. Justice Partel still ordered a fresh Congress

Justice Manongwa at the HighCourt grants an interim order to stop MaKhupe from received money owed to the MDC-A. The ruling effectively recognized the political existence of the MDC-A, separate to the MDC-T, whether as part of it or a separate entity altogether.

Justice Chitapi another High Court Judge recognize the judgement by his “sister Judge”, Justice Manongwa but still says “I don’t care. Her rulings don’t concern me”. He says the MDC-A is not a political party & effectively pours oil to this political fight. Wink wink Dougie!

So now the MDC-A has a Parliament which recognizes its existence. A Con-Court ruling which recognizes it. 2 High Court Judgements which recognize it. and a High Court Judgement which doesn’t. So which one do they use? Especially in light of Justice Chitapi‘s bizarre statement?

But then, political parties are not registered at the courts. Chamisa can simply decide to move ahead. The confusion might tempt the MDC-A to appeal. But at this pace, the courts will keep them running in circles. Time for disruptive CHANGE if you ask me. enkosi!!

Let me proceeded a bit… Justice Chitapi did something confusing. He actually recognized that the MDC_A is a party since it participated at the polls & can still do the same. Only concluded that it’s not a legal personar & thus can’t be sued or sue. This is confusing…

It’s key to note that the matter at the courts was not on whether or not the MDC-A was a political party. It was on MPs the MDC-A was claiming to own. The Judge says, no you don’t own them nor can you appear before the court on their behalf because you’re not a legal personar.