1] Law can be quite confusing
The #ConstitutionalCourt led by #JusticeMalaba 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.
Shelve that...
2] #JusticePartel observed that the fights pertaining to the rise of NC in the MDC-T had become moot since he had held a Congress & was undisputed leader of that party which participated at the polls, & MaKhupe had done the same.
#JusticePartel still ordered a fresh #Congress
3] #JusticeManongwa 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 all together.
4] #JusticeChitapi another #HighCourtJudge recognize the judgement by his "sister Judge", #JusticeManongwa 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!
5] So now the MDC-A has a Parliament which recognizes its existence.
A #ConCourt ruling which recognizes it.
2 #HighCourtJudgements which recognize it.
and a #HighCourtJudgement which doesn't.
So which one do they use?
Especially in light of #JusticeChitapi's bizarre statement?
6] 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!!
7] Let me proceeded a bit..
#JusticeChitapi 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...
8] 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 say, no you don't own them nor can you appear before the court on their behalf because you're not a legal personar.
9] It will be naive to say the courts have said the #MDC-A doesn't exist.
It didnt.
& it can't.
It simply made an interpretation which only tempts appeals.
The Judgement in other words says the #MDC_A is at exists now, has limited legal authority, due to its composition.
10] So the MDC_A has many court rulings which identify it in contradicting forms.
Its easy to see why some will say this is #JudicialActivism.
Its easy to use hindsight and act tough in terms of what could have and should have been done by Chamisa.
For the final time, enkosi!
as it*
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