2] The Judge reasons, rightfully so, that by the 2018 elections, there were two distinct PDPs.
In doing so, the Judge recognizes the right of association, by the Biti led PDP faction, to belong wherever, without being entangled in some supposed "one PDP" under any individual(s).
3] The judge makes another determination, on how frivolous it would be, for individuals who went to the 2018 election under "rainbow coalition", as did Matibenga & team, to now claim ownership over MPs elected under MDC-A.
He calls the imposter PDP Secretary & team, "cuckoos".
4] Couldn't help draw parallels between this Judgement, & the Supreme Court one, which ushered in the Khupe/Mwonzora madness
Just like with PDP, towards 2018, we also had two different MDC-T factions, one under MRT/NC, the other under Khupe, going separate ways.
It's undeniable
5] After 2018, the SC Judgement attempted to "reunite" MDC-T factions under one "acting leader" who supposedly was the "rightful MDC-T VP".
In the Biti case, the Matibenga group attempted to reason that she was the rightful PDP Leader, after having had "fired Tendai Biti".
6] Now, just like with PDP in 2018, MDC-T factions existed separately.
One coalesced under NC, the other under Khupe.
Yet a judgement purported to not only unite them, but give Khupe shepherdship over officials elected under NC.
Matibenga attempted to do the same in this case.
7] The immediate consequence of the SC judgement's strange attempt to ignore the separation that existed prior to 2018, was that Khupe & team became beneficiaries of their electoral performance of their 2018 rivals
The HC Judge castigated Matibenga for also attempting to do this
8] The Biti-Matibenga judgement brings out few issues.
The first one obviously being the role of the Speaker of Parly in recalls.
Its tragic that this important institution is headed by a member of a rival party, more so in election season, who makes political decisions.
9] Mudenda, a lawyer in his own right, has shown unmatched energy, in illegally recalling @mdczimbabwe MPs.
Instead of just acting on the reinstatement of Biti et al, Mudenda is rather giving Matibenga's PDP, legal advice.
It consequently directs us to the source of the recalls
10] The other issue is the evident role of the State in the attempted dismemberment of @mdczimbabwe
The HC Judge castigated PDP lawyers, labelling them "hired guns".
The MDC-T unsurprisingly embraced Matibenga as their "2018 ALLIANCE partner" knowing fully well, this is untrue
11] This script, expose how these shenanigans are indisputably, ED's re-election plan.
•You've a court making Khupe leader of an institution which defeated her
•Defeated people replacing the elected
•The MDC-T attempting to create a new "MDC-A " with unknown & unnamed CIOs
12] Another issue, perhaps more worrying, is the general reaction of citizens to this Biti judgement.
You know there's a judiciary crisis, when citizens only "half-celebrate" a judgement they nevertheless acknowledge as being "sound".
The reason being, "we've been here before".
13] Instead of acting on the judgement, the Speaker of Parly, a member of ZanuPF's politburo is advising the applicant to "appeal" to the SC.
Doesnt this criminally expose the logic behind this evident madness?
ZanuPF and its variants in the 'opposition' are clearly determined.
14] This should fuel citizens towards a convergence to save our country & its institutions.
We can't have a 'ruling party' absolutely disinterested in governing, rather focusing on 'destroying' the democratic alternative.
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.
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.
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.
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.
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.
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.
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.
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.