Davis Laque Profile picture
May 29, 2020 11 tweets 8 min read Read on X
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.

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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More from @Laque_davis

Apr 2
1. Admittedly, when I first read the "structured currency" headline, I thought the Harare regime was taking its "structures" propaganda too far.

With the benefit of more research on the topic, I'm now totally convinced the Harare regime is indeed taking its propaganda too far. Image
2. By definition, a structured currency is "structured" in that it's supposedly backed by both mineral reserves (in our case gold) and trust in government's monetory policies & regulations.

Unfortunately, no one believes any of the two are present in our existing circumstances.
3. Part of why all previous gimmicks have failed is a trust deficit.

Even if the government opts to accuse commentators of being alarmists, causing panick and despondency, no one can be faulted for rushing to withdraw their forex savings if we have learned anything from history.
Read 7 tweets
Jan 21
1. Imagine trying to make sense of how some 4 gentlemen in Bulawayo can randomly claim, 'we have recalled Amos Chibaya, he has ceased being a member of CCC'.

Outside the influence of social media, many only know about #CCC because of the efforts of this indefatigable organizer. Image
2. Propaganda has to make some sort of sense.

Even where some decide to hide behind the claim of "a traceable history in the struggle," Chibaya would make the mark.

A devoted organizer during the times of Tsvangirai & even more so, during the times of Chamisa under the MDC-A.
3. For the successive elections between 2018-2023, it's a mystery how Chibaya found the passion to abandon the comfort of his home and the herculean energy to traverse the country, organizing the Opp for electoral triumph.

Chibaya is very much unheralded & doesn't seem to care.
Read 5 tweets
Jan 19
1. So, a group of at least 25 individuals have decided to join nonexistent forces under the otherwise much heralded #NERA banner to push for electoral reforms.

It's difficult to even identify them as political leaders because they don't represent any political constituency. Image
2. If you review the outcome of the controversial 2023 election, these people combined had fewer votes than the Councilors who won your ward election.

Many of them have never even bothered to field candidates in successive elections but only pop up whenever they sense a need.
3. If you were to profile them, there is one Lucia Matibenga, masquerading as PDP President.

Her "party" never contests.
She only temporarily enjoyed limelight under PDP when Sen Mwonzora brought her as his MDC-A partner before they connived to recall MPs elected under Chamisa.
Read 10 tweets
Dec 14, 2023
1. Interesting comment on this unfolding drama by Prof Ncube.

I, however, can't help recognize the continued conflation of politics & law, which I've previously written about, regarding the formation of CCC party from MDC-A.

It's quite strange that BaNcube does the same here.
2. I take notice of @Welshman_Ncube choice of words here.

He says: MDC-A party's "...National Council resolved to reconstitute itself as CCC..."

By definition, when you "reconstitute," you simply restore or build up again, using remaining parts of whatever has been destroyed.
@Welshman_Ncube 3. However, it was a legal nulity not only for MDC-A to 'reconstitute' itself but to even meet & make legally binding resolutions to begin with.

In 2020, Justice Chitapi ruled that the MDC-A party wasn't a legal persona, effectively meaning it wasn't a legally constituted party.
Read 12 tweets
Dec 3, 2023
1. Some interesting revelations from the Tshabangu interview by Mhlanga.

It's better to keep people guessing than to come out & publicly expose yourself beyond doubt

On his own admission, he was skeptical about this interview, & he was right.

Agreeing to it was stupid bravery. Image
2. One must applaud Mhlanga for his confrontational approach to interview.

He seldom tolerates long winding responses, unrelated to the asked question(s), in the name of "giving the guest time to respond."

In fact it was his grilling style that saw hats flying in all directions Image
3. There are also a lot of ridiculous contradictions.

Clearly, Tshabangu & his handlers are using the very same "strategic ambiguity" and "structureless structure" approach.

For now, save for a few mentioned names, Tshabangu claims to have the backing of unnamed "42 others."
Read 16 tweets
Dec 1, 2023
1. We need to accept that we've seen enough to conclude we've no justice system in Zimbabwe.

Perhaps it's time to totally (temporarily) abandon seeking judicial recourse, particularly around political issues

Why continue subjecting ourselves to the wig wearing ZanuPF activists!
2. Let me rationalize this personal view:

Firstly, we are simply patronizing the generality of the citizens by arguing that going to these "captured courts" is an important academic exercise that exposes judicial capture.

What has been the consequence of exposing this capture?
3. ZanuPF's reaction to the damning SADC Observer Mission report is evidence enough that they don't react to "embarrassment" by showing restraint.

ZanuPF chose rather to burn SADC through an unprecedented propaganda offensive and direct confrontation with the Zambia government.
Read 10 tweets

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