Thread by @muzekepwa

@matigary @JMafume 1. Following that court ruling, so much has been said but much much of what has been said doesn't tell the whole story. At the risk of insults, I have chosen to highlight some pertinent issues surrounding the judgment.

@matigary @JMafume 2. It is common cause that on death of MT two factions emerged: Chamisa and Khupe factions all claiming legitimate leadership of the party. The dispute on which faction was in legitimate control of the party was never legally settled through known dispute resolution mechanisms.

@matigary @JMafume 3. In Sep 2018, Mashavira E., Organizing Secretary MDC, Gokwe Sesame lodged a court application challenging the legality of Chamisa's MDC presidency. According to Komichi Mashavira campaigned for Chamisa in the 2018 elections, ostensibly as the Gokwe Sesame Organizing Secretary.

@matigary @JMafume 4. He wanted the court to decide on the following:
a. Whether the appointments of Chamisa and Mudzuri in 2016 as party VPs was consistent with the party constitution?
b. Whether the appointment of Chamisa in 2018 as party president was consistent with the party constitution?

@matigary @JMafume 5. The MDC, Chamisa, Mudzuri, Khupe, Mwonzora and Komichi were cited as respondents. Save for Chamisa and Komichi, all other respondents did not file opposing papers. Komichi purported to act for and on behalf of MDC but failed to demonstrate that he had authority to do so.

@matigary @JMafume 6. In his opposing papers Komichi stated "I MK, the National Chairman of the MDC the above mentioned first respondent by whom I am fully authorized to depose to this affidavit in my capacity as National Chairman.." This should put to rest confusion about which MDC was being sued.

@matigary @JMafume 7. In their opposing papers Chamisa and Komichi argued that the appointments of 2016 and 2018 were in accordance with the party's constitution. Nowhere in their papers did they deny leadership of the once MT led MDC. In fact they acknowledged that Mashavira was one of their own.

@matigary @JMafume 8. As a matter of fact, since his appointment in February 2018 to date, Chamisa has always claimed and acted as the leader of the once MT led MDC. Him and all his followers claim to be guided by the constitution of the once MT led MDC.

@matigary @JMafume 9. While the once MT led party was being called "MDC-T", in its constitution it remained MDC: "The name of the political Party shall be the Movement for Democratic Change (hereinafter referred to as “MDC” or where appropriate “Party”). (Article 1.1).

@matigary @JMafume 10. MDC Alliance was never a political party but a name given to a grouping of political parties that intended to jointly contest the 2018 elections. This grouping was born out of an Agreement and hence had no legal status of its own.

@matigary @JMafume 11. The assimilation of the likes of Biti, Ncube etc in the Chamisa led MDC, was purportedly done in accordance with the once MT led MDC constitution. Essentially they were admitted back into the MDC, and their readmission did not give birth to a new party.

@matigary @JMafume 12. Mashavira challenged the legitimacy of Chamisa's MDC leadership; and the court ruled in his favour. The court has since ordered the MDC to hold an extra ordinary congress to choose a successor to MT, ostensibly under the leadership of Khupe as Acting President.

@matigary @JMafume 13. Khupe held a congress last year, in her capacity as the legitimate Acting President of the party, where she was elected substantive president. Somehow, in the Mashavira case she chose not to raise that point, creating an impression that her congress was null and void.

@matigary @JMafume 14. While opinions differ on the implications of the judgment my view is: Only an extra ordinary congress held in accordance with the Court Order will give birth to a legitimate leader of the MDC.

@matigary @JMafume 15. Outside an appeal against the court order, Chamisa & Co have an option to form a new party as a way of removing themselves from the reach of the order.

@matigary @JMafume @povozim read through this thread then we discuss