Court declares Chamisa illegal leader

Harare(New Ziana) – The Supreme Court on Tuesday ruled Nelson Chamisa was illegally holding the position of leader of the Movement for Democratic Change (MDC), the country’s main opposition party.

It upheld an earlier ruling by the High Court last year that Chamisa’s purported ‘election’ as MDC leader by a group of his supporters was flawed, and therefore not recognised at law.

The ruling swings the pendulum in the MDC’s never-ending power struggles back in favour of Thokozani Khupe, the former deputy of the party’s late leader, Morgan Tsvangirai.

She was the next in line after Tsvangirai’s death, but was outmanoeuvred to the post by Chamisa even before the burial of the party’s late leader, a move that stirred widespread rebuke.

Khupe’s lawyer, Professor Lovemore Madhuku told New Ziana the ruling means his client assumes immediate leadership of the MDC party, and brings back into office the disbanded executive that was elected at the party’s 2014 congress.

Upon assuming office, illegally as it turns out, Chamisa shuffled around the MDC’s top executive to strengthen his grip on power, including sidelining potential rivals.

But Khupe refused to recognise Chamisa’s ascendancy to the throne, and was subsequently elbowed out, setting the stage for the legal wrangles that culminated in Tuesday’s Supreme Court ruling.

“She (Khupe) assumes the leadership with immediate effect, and will work with the executive that the 2014 congress elected. Therefore Chamisa reverts to being secretary for policy and research,” Madhuku said.

He said all three Supreme Court judges in the case – Justices Bharat Patel, Paddington Garwe and Antonio Guvava – unanimously concurred.

Madhuku said Khupe is now required, under the law, to convene a fresh congress soon to elect new, substantive leaders of the opposition party.

The Supreme Court ruling, observers noted, was likely to open a new round of acrimony in the MDC party with potential for further splits.

In its 20-year existence, the party has split and parched up several times, the latest after Khupe refused to recognise Chamisa as new MDC leader.

Already, soon after the Supreme Court ruling on Tuesday, some of the leaders Chamisa had shuffled around shortly after ‘assuming’ leadership of the MDC, started manoeuvring to wrestle back their original positions, setting the scene for renewed splits.

New Ziana