SC 56-20 - MDC et al v Mashavira et al - Supreme Court judgment of 31st March 2020

The full judgment of the Supreme Court in this case can be downloaded below. 

The judgment concerns the leadership dispute in the Movement for Democratic Change formerly led by the late Morgan Tsvangirai (MDC), who died in February 2018. 

The judgment confirms the May 2019 decision of the High Court that the Dr Tsvangirai's appointment in July 2016 of Nelson Chamisa and Elias Mudzuri as additional Deputy Presidents of MDC of was in breach of the MDC constitution and therefore null and void; that the appointment of Mr Chamisa as Acting President of MDC by the party's National Council after Mr Tsvangirai's death in February 2018  and his subsequent election of as President of MDC were likewise null and void; and that consequently all appointments and/or reassignments and actions of Mr Chamisa in his purported capacities as Deputy/Acting or incumbent President were also null and void.  It also confirms the High Court decision that Thokozani Khupe, the Deputy President of MDCT elected at its 2014 Congress, automatically became the Acting President on Mr Tsvangirai's death in terms of the MDC constitution. 

Finally, the Supreme Court's order requires the holding of an Extraordinary Congress of MDC to elect a new party President - to be convened by Thokozani Khupe in her capacity as MDC Acting President.  If, however, she fails or is unable to do so by the end of June 2020, the Congress must be convened by Morgan Komichi in his capacity as MDC National Chairperson by the end of July.  

 

2020

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