1] Someone shared with me a #legal opinion which sought to separate "#facts from #fiction" with regards to the resolutions previously made by @OurMDCT during it's so called virtual #NationalCouncil
Carefully went through it, whilst referencing to the MDC-T #constitution itself..
Carefully went through it, whilst referencing to the MDC-T #constitution itself..
https://twitter.com/Laque_davis/status/1358101828676825088
2] On the attached press release, @witness_dube authoritatively claims that the "the National Council sitting as an extension of Congress moved to amend the MDC constitution..."
Apparently, the alleged amendment is the basis on which the appointment of Elias Mudzuri was ratified
Apparently, the alleged amendment is the basis on which the appointment of Elias Mudzuri was ratified
3] Going through the MDC-T constitution itself, it would seem like the distinction between what a Congress and the National Council can do is clear.
Only a legally constituted Congress can amend the constitution of the MDC-T party according to clause 6.2.3 (e).
Only a legally constituted Congress can amend the constitution of the MDC-T party according to clause 6.2.3 (e).
4] The second issue becomes the appointment of Elias Mudzuri itself.
Appointees such as DP, Youth Chair, Women's Chair, TG, Organizing Secretary and Spokesperson are referred to in the MDC-T constitution as "officers of Congress"
All of these have been "appointed" instead.
Appointees such as DP, Youth Chair, Women's Chair, TG, Organizing Secretary and Spokesperson are referred to in the MDC-T constitution as "officers of Congress"
All of these have been "appointed" instead.
5] However, according to article 9.1.4, the President can only appoint deputies of officers of Congress, as Douglas dutifully did with Giles, Mavetere and Mashaya
It then follows that the appointment of electable "officers of Congress" ,will set the stage for legal challenges.
It then follows that the appointment of electable "officers of Congress" ,will set the stage for legal challenges.
6] So how are the "officers" replaced if a need arises, for whatever reason?
It would appear as if clause 9.21 is clear on replacing a President and National Chair.
It's vague on other "officers of Congress" who can be confused for "..other members of the Nat Council" (9.21.3)
It would appear as if clause 9.21 is clear on replacing a President and National Chair.
It's vague on other "officers of Congress" who can be confused for "..other members of the Nat Council" (9.21.3)
7] It seems as if the MDC-T guys actually sensed their flaws and found a way to hide.
@witness_dube's communique alleges that the virtual NC "set to finish the business of the Extra Ordinary Congress"
This doesn't justify the appointments unless that "business" is defined.
@witness_dube's communique alleges that the virtual NC "set to finish the business of the Extra Ordinary Congress"
This doesn't justify the appointments unless that "business" is defined.
8] The EOC was called in terms of article 9.21.1, to elect a Pres.
If that was "legally" done, what business was the National Council "finishing"?
It would rather seem like,in violation of article 6.4.2 (Powers of the National Council),this Council became a Congress unto itself
If that was "legally" done, what business was the National Council "finishing"?
It would rather seem like,in violation of article 6.4.2 (Powers of the National Council),this Council became a Congress unto itself
9] Then the question of the legality of both the EOC & the Nat Council that purported to "finish" a nonexistent business
It would seem like article 6.4.4.4 stipulates when this NC can legally constitute to finish "the business of Congress"
It's within a month,post that Congress
It would seem like article 6.4.4.4 stipulates when this NC can legally constitute to finish "the business of Congress"
It's within a month,post that Congress
10] Only Douglas knows why he cried for, and sheepishly grabbed this hot potato thrown at him by the Supreme Court.
That judgement was simply impossible to implement, within the spirit of the constitution of the old MDC-T
Perhaps its the obsession with being called president?
That judgement was simply impossible to implement, within the spirit of the constitution of the old MDC-T
Perhaps its the obsession with being called president?
11] The Supreme court pretended to unite factions of the MDC
It envisioned a scenario where everyone would assume their old positions so as to elect a President.
Sadly, the whole Executive is now full of elevations and co-opting albeit illegal ones.
It won't end well.
It envisioned a scenario where everyone would assume their old positions so as to elect a President.
Sadly, the whole Executive is now full of elevations and co-opting albeit illegal ones.
It won't end well.
12] Meanwhile, Dr Khupe is quietly licking her wounds.
Remember when Prof JM advised her to quietly stay calm & wait for Dougie to make a "big mistake"
Fortunately for her,he has made 883 mistakes, setting the stage for a fight back.
Douglas, zvaramba.
(pun intended)
enkosi!!
Remember when Prof JM advised her to quietly stay calm & wait for Dougie to make a "big mistake"
Fortunately for her,he has made 883 mistakes, setting the stage for a fight back.
Douglas, zvaramba.
(pun intended)
enkosi!!
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