Davis Laque Explains Why MDC Supreme Court Ruling Is 'Unenforceable'
How can you order that a football match be replayed two seasons later when one club has been dissolved, it’s coach has died, the majority of the players have joined other teams?
A political analyst, Davis Laque, says the “mootness” of the much-debated recent Supreme Court ruling on the MDC leadership is responsible for the “confusion” in the party.
Laque was commenting on an article by Advocate David Hofisi, a legal commentator who had earlier pointed out the inconsistencies in the decision by the Nelson Chamisa-linked MDC faction to hold a National Council meeting on 21 May.
Writing on microblogging site Twitter, Laque said:
When the reaction to the judgement was treated as academic and moot by both Justice Partel and the Leadership that now identify as MDC-A, you went out of your way forcing compliance.
You however conveniently ignored the challenges associated with doing the same.
Few issues…
Both of you are ignoring that the SC judgement gave MaKhupe and Komichi tasks to do within the framework of the MDC-T party.
Their first mandate was to engage the so-called 2014 MDC-T Leadership.
The judgement doesn’t self implement. It equally can’t be implemented by 3 people.
The fact that #MaKhupe has not called for a “legal” NC meeting promoting a petition from an “illegal” NC gathering, is quite exposing.
Now you have 3 people who for all intent & purposes, have become the 2014 MDC-T.
How did they decide the EOC dates without key NC meetings?
When those people argue that 2014 MDC-T doesn’t exist, they don’t mean the then Leaders are dead.
They are simply saying, we are there, but we have moved on.
Its the judgement which forces people who are calling themselves MDC-A to go back to being 2014 MDC-T.
Who is at fault?
Then there is the #Mwonzora option, that those who have joined MDC-A should do so, with the Extraordinary Congress (EOC) proceeding nevertheless.
Respectfully, this is nonsensical.
Only delegates from the last Ordinary Congress can use their mandate to run an EOC.
If that fails, it’s not an EOC.
#Mwonzora, regardless of how smart he can be, he cannot use anyone besides office bearers from the last Ordinary Congress of the MDC-T, for the purpose of the EOC.
It is only when you go for an Ordinary Congress where lower structures elect new Leadership.
If not, it is bogus
Then again, #Mwonzora misleadingly claims he has been given a 3 months extension to his expired mandate.
Fair enough
So past the EOC, which only elects a President, what happens to #Mwonzora’s 3 months extended mandate as SG?
Who will this new President lead with?
The EOC only made sense before the expiration of the mandate of those who can legally participate.
The ruling would have made sense had it arrived before October 2019.
Now in 2020, it will only cause this confusion & bickering.
It’s being conveniently abused by #Mwonzora.
Be that as it may, people are right to say the meeting was ILLEGAL & CONFUSING. It exposed those 2 important things.
There are no MDC-T structures that can meet legally. Their mandates expired.
There is no MDC-T meeting that can meet without CONFUSION. Those people moved on.
But if you are to blame someone, blame the judgement.
Alternatively, blame Mwonzora who has turned himself into the MDC-T NC, SC & Constitution.
He has begun making pronouncements on behalf of people who haven’t given him that mandate.
He is SG to structures, not the ruling.
The judgement is exposing itself.
It’s like replaying a football match two seasons later. One club dissolved. It’s coach passed on. Majority of the players have joined other teams. However, the former goalkeeper coach is adamant the match will proceed.
