Dear Dr. Khupe,
I join you in celebrating the Supreme Court endorsement of the High Court Judgement that ruled that the appointment of Advocate Nelson Chamisa as MDC-T Acting President shortly after the demise of the MDC founding President, Dr. Morgan Richard Tsvangirai was unconstitutional, and that you are the rightful Acting President of the MDC-T.
I have been listening to arguments by legal minds who are saying this judgement is enforceable and those who are saying it is not enforceable, and accept that both arguments are strong and should not be taken lightly. However, using the intelligence of a professional information analyst, I now concur with those who are saying this is just an academic judgement which is meant to be used for future such circumstances as in this case the judgement is coming after the horse has already bolted.
One major hurdle those saying the judgement is enforceable is that the constitution that has been used to make the judgement clearly stipulates that the President elected at the Extra-Ordinary Congress shall serve a term of office equivalent to the remaining term of the last elected President. Can you, therefore, Dr. Khupe stop for a while and remind yourself how many years were remaining for Dr. Tsvangirai to complete his term as MDC-T President after the 2014 Congress. Has that time frame not lapsed? The Court Judgement here may have been meant to test the reasoning of people who do not understand mathematics, those who, like Emmerson Mnangagwa will say 10 + 4 is equal to 40. 2014 plus 5 years is equal to 2019, so Dr. Tsvangirai’s term would have expired in 2019, simple mathematics.
Clever politicians should be looking into the future rather than waste time on judgments that are not enforceable. Dr. Khupe, have a serious think about this during the remaining period of the shutdown – thank God Coronavirus gave the opportunity for you to think carefully and plan the next move – and you acknowledged that in your speech in response to the judgement – and I thank God too that He gave you the wisdom not to rush things – unlike Advocate Douglas Mwonzora who couldn’t waste any time to call Morgan Komichi the Chairman of the MDC-T in violation of the very Supreme Court ruling which said the Party should go back to its 2014 structures, and the MDC-T Chairman at that point in 2014 was Comrade Lovemore Moyo. Advocate Mwonzora has clearly violated the Supreme Court ruling, and Dr. Khupe, if you are a follower of the rule of law as you have made the world believe, you should fire him for endorsing an “illegitimately appointed” Chairman who was elevated to the Chair during Advocate Chamisa’s time as Acting President. You should also fire Comrade Morgan Komichi for usurping the powers of the MDC-T 2014 Chairman, and went on to reinstate employees and officials who he claims were fired by the Party, some of them who may have been fired during his reign as “Chair”.
If you think the Supreme Court ruling is enforceable, after firing Advocate Mwonzora and Comrade Komichi, call in Comrade Lovemore Moyo and ask him if he find it making sense to call an extra ordinary Congress to replace Dr. Tsvangirai for the period from now to 2019 when Dr. Tsvagirai’s term ended, and if Comrade Moyo finds it making sense, then proceed to call for the Extra ordinary Congress, but given the reality that Dr. Tsvangirai’s term has already expired, you may have to call for a National Council meeting composed of members who were in council as elected at the 2014 Congress, and National Council will make the decision on the way forward. Otherwise if you proceed to unconstitutionally call for an Extra Ordinary Congress to elect someone whose term has long expired, you will be demonstrating the same dictatorial tendencies that you have accused others of.
I have said several times before that the best way would have been for you to talk to Advocate Chamisa about these things, even well before the Congress you held in Bulawayo in 2018. I continued to say if talking fails, you and Advocate Chamisa should kiss each other goodbye amicably, and all the advice fell on deaf ears. I reiterate that in my view, the Supreme Court judgement is an academic judgement that is only meant to be referred to in similar cases should they arise in future, but for now, you cannot shut the stable door as the horse has already bolted. Things have happened that cannot be reversed. Dr. Tsvangirai’s term expired in 2019 and the Supreme Court judgement clearly says the leader elected should be in office until 2019.
Good luck Dr. Khupe. If you ever think you need me to elaborate on anything, you have my email account, let’s discuss this further away from the prying eyes of the media.
I will reiterate the point that academic judgments are sometimes made to test our thinking capacity.