The High Court yesterday reserved judgement on the urgent chamber application filed by the MDC Alliance after MDC T forcefully took their headquarters using state apparatus last week, The Herald reports.
In the case which was heard by Justice David Mangota, MDC alliance is seeking that the court declares the takeover illegal and restores the use of the building to the MDC Alliance.
According to the publication, MDC Alliance lawyer Mr Alec Muchadehama argued that:
The notice by recently reinstated secretary general, Mr Douglas Mwonzora of the handover-takeover to their members was the factual foundation that proves the MDC-T was not in occupation of Harvest House before the eviction.
Mr Muchadehama added that the presence of the police and the army on the day in question to assist Dr Khupe to take total ownership of the building and was an indication that the act was not peaceful as alleged
Khupe’s lawyer Lovemore Madhuku argued that the case lacked merit as the MDC Alliance reportedly failed to produce a lease agreement. According to The Herald, Madhuku:
Contended since the inception of the MDC as a political party it had been in charge of the Harvest House despite factional disputes. The MDC-T led by Dr Khupe was the legally recognised MDC party and so had the right to the building.
Madhuku in his argument reportedly said:
The MDC-A has failed to even produce an lease agreement to support their case. The handover-takeover was of the security personnel which belong to MDC as an entity. Changes were caused by issues of allegiance within the MDC factions.
The Police who were also cited as respondents said they were only present to ensure that lockdown restrictions were adhered to.
More: The Herald