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President Emmerson Mnangagwa on Wednesday sworn in a three-member tribunal to inquire into the fitness of the suspended Supreme Court judge, Justice <a href="https://www.pindula.co.zw/Francis_Bere" rel="noopener noreferrer" target="_blank">Francis Bere</a> to continue holding.
The tribunal will be chaired by retired judge Justice <a href="https://www.pindula.co.zw/Simbi_Mubako" rel="noopener noreferrer" target="_blank">Simbi Mubako</a> who will work with two lawyers – Advocate Takawira Nzombe and Rekayi Maphosa.
Justice Mubako said the tribunal was going to start its work next week. It is, however, not clear when the tribunal will finish the case.
Justice Bere was suspended last week over allegations that he interfered with a pending civil court case involving the <a href="https://www.pindula.co.zw/ZINARA" rel="noopener noreferrer" target="_blank">Zimbabwe National Road Administration (ZINARA)</a> and a company owned by his relatives.
This prompted President Mnangagwa to set up the tribunal.
<h4>More: <a href="https://www.herald.co.zw/just-in-president-swears-in-tribunal-for-justice-bere/" rel="noopener noreferrer" target="_blank">The Herald</a></h4>

Pindula News

Rtd Justice Simbi Mubako To Chair Justice Bere Tribunal

On Monday, Supreme Court judge Justice Francis Bere was elected president of the Sadc Administrative Tribunal (SadcAT) during the court’s elections held in Gaborone, Botswana.
Justice Bere, who was recently elevated to the Supreme Court, joined the seven-member bench of the SadcAT last year in April. His appointment to the SadcAT is for a period of two years, which is renewable once in accordance with the Sadc administrative statutes. He takes over from Eswatini High Court judge Justice Mbutfo Mamba.
More: <a href="https://www.chronicle.co.zw/zimbabwe-judge-gets-top-sadc-post/">Chronicle</a>

Supreme Court Judge Elected Sadc Administrative Tribunal (SadcAT) President

On Tuesday this week, Bulawayo High Court judge Justice Francis Bere dismissed an urgent application which had been filed against the leader of the breakaway MDC-T party, Thokozani Khupe. The application which was filed by MDC-T (Chamisa) acting chairperson Mr Morgen Komichi wanted to stop Dr Thokozani Khupe, Mr Abednico Bhebhe and Mr Obert Gutu, from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs.” Komichi argued that the trio had been dismissed from the party and had no right to use the party trademark, symbols and signs as this would lead to confusion.
Nelson Chamisa said the judgement is “<a href="https://news.pindula.co.zw/2018/04/25/judgement-on-mdc-name-political-controversial-appealable-and-contestable/">political, controversial, appealable and contestable</a>.” In a statement released on Wednesday, the faction said <a href="https://news.pindula.co.zw/2018/04/25/court-case-changes-nothing-chamisa-responds-to-justice-beres-ruling-in-case-against-khupe/">the judgment changes nothing.</a>
On the other hand Khupe has <a href="https://news.pindula.co.zw/2018/04/27/khupe-welcomes-high-court-decision-now-seeking-to-claim-share-of-1-8-million-given-to-chamisa/">welcomed the decision by Justice Bere and has since indicated that she will use the judgement to seek her share of the $1.8 million which was disbursed to MDC-T ( Chamisa) under the Political Parties (Finance) Act</a>. 
Below is the full judgement by Justice Bere:
<img alt="" class="alignnone size-full wp-image-48385" decoding="async" height="717" loading="lazy" sizes="(max-width: 512px) 100vw, 512px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_01.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_01.jpg 512w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_01-214x300.jpg 214w" width="512"/>
<img alt="" class="alignnone size-full wp-image-48384" decoding="async" height="728" loading="lazy" sizes="(max-width: 516px) 100vw, 516px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_02.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_02.jpg 516w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_02-213x300.jpg 213w" width="516"/>
<img alt="" class="alignnone size-full wp-image-48383" decoding="async" height="720" loading="lazy" sizes="(max-width: 512px) 100vw, 512px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_03.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_03.jpg 512w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_03-213x300.jpg 213w" width="512"/>
<img alt="" class="alignnone size-full wp-image-48382" decoding="async" height="718" loading="lazy" sizes="(max-width: 506px) 100vw, 506px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_04.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_04.jpg 506w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_04-211x300.jpg 211w" width="506"/>
<img alt="" class="alignnone size-full wp-image-48381" decoding="async" height="722" loading="lazy" sizes="(max-width: 506px) 100vw, 506px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_05.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_05.jpg 506w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_05-210x300.jpg 210w" width="506"/>
<img alt="" class="alignnone size-full wp-image-48380" decoding="async" height="722" loading="lazy" sizes="(max-width: 506px) 100vw, 506px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_06.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_06.jpg 506w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_06-210x300.jpg 210w" width="506"/>
<img alt="" class="alignnone size-full wp-image-48379" decoding="async" height="722" loading="lazy" sizes="(max-width: 508px) 100vw, 508px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_07.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_07.jpg 508w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_07-211x300.jpg 211w" width="508"/>
<img alt="" class="alignnone size-full wp-image-48378" decoding="async" height="723" loading="lazy" sizes="(max-width: 507px) 100vw, 507px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_08.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_08.jpg 507w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_08-210x300.jpg 210w" width="507"/>
<img alt="" class="alignnone size-full wp-image-48377" decoding="async" height="724" loading="lazy" sizes="(max-width: 508px) 100vw, 508px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_09.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_09.jpg 508w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_09-210x300.jpg 210w" width="508"/>
<img alt="" class="alignnone size-full wp-image-48376" decoding="async" height="718" loading="lazy" sizes="(max-width: 508px) 100vw, 508px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_10.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_10.jpg 508w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_10-212x300.jpg 212w" width="508"/>
<img alt="" class="alignnone size-full wp-image-48375" decoding="async" height="724" loading="lazy" sizes="(max-width: 512px) 100vw, 512px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2018/04/bere_judgement_page_11.jpg" srcset="https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_11.jpg 512w, https://news.pindula.co.zw/wp-content/uploads/2018/04/bere_judgement_page_11-212x300.jpg 212w" width="512"/>

Chamisa Vs Khupe Full High Court Judgement

Thokozani Khupe the leader of the breakaway opposition party, MDC-T (Khupe) has welcomed the decision by High Court judge Justice Francis Bere which dismissed an application by Nelson Chamisa’s MDC-T party. The application was seeking to bar Khupe from using the MDC-T name and symbols. She has since indicated that she will use the judgement to seek her share of the $1.8 million which was disbursed to MDC-T ( Chamisa) under the Political Parties (Finance) Act.
In a statement, Linda Masarira, the national spokesperson for MDC-T (Khupe) said:
<blockquote>In light of the High Court judgment, our party has written to the Ministry of Justice, Legal and Parliamentary Affairs as we lay claim to our portion of the Government disbursements to political parties, which had been improperly allocated to the Chamisa group.
We had advised this ministry of the possibility of the dilemma they have gotten themselves into in our letter of the 16th of April 2018. High Court Judge, Honourable Justice Francis Bere, made a pronouncement on three consecutive applications which had been thrown at us by our erstwhile colleagues from the runaway bandwagon led by Advocate Nelson Chamisa.</blockquote>
<hr/>
<h2>Also Read</h2>
<h2><a href="https://news.pindula.co.zw/2018/04/25/court-case-changes-nothing-chamisa-responds-to-justice-beres-ruling-in-case-against-khupe/" rel="noopener" target="_blank">Court Case Changes Nothing: Chamisa Responds To Justice Bere’s Ruling In Case Against Khupe</a></h2>
<hr/>
More: <a href="http://www.chronicle.co.zw/mdc-t-khupe-faction-hails-high-court-ruling/" rel="noopener" target="_blank">Chronicle</a>

Khupe Welcomes High Court Decision, Now Seeking To Claim Share of $1.8 Million Given To Chamisa

Through his spokesperson Luke Tamborinyoka, MDC-T leader and MDC Alliance presidential candidate Nelson Chamisa has responded to Bulawayo High Court judge Justice Francis Bere’s dismissal of an urgent application which had been filed against the leader of the breakaway MDC-T party, Thokozani Khupe. The application which was filed by MDC-T (Chamisa) acting chairperson Mr Morgen Komichi wanted to stop Dr Thokozani Khupe, Mr Abednico Bhebhe and Mr Obert Gutu, from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs.” Komichi argued that the trio had been dismissed from the party and had no right to use the party trademark, symbols and signs as this would lead to confusion.
In a statement by Tamborinyoka, Chamisa says that Khupe and her allies remain expelled from the party. Tamborinyoka says the Chamisa led party will do everything in its power to stop Khupe from abusing the party name, signs and symbols. Read the full judgement below:
<blockquote>The High court judgement by Justice Francis Bere may have allowed expelled members of the MDC-T to continue to abuse the party’s name, logo, trademark and symbols but it does not in any way change the political reality on the ground.
The political reality is that Dr. Khupe and her cabal remain expelled from the party and recalled from Parliament by the legitimate organs of the party and that the party continues to be on the roll. The massive turn-out at President Adv. Nelson Chamisa’s rallies is testimony to the fact and the political reality obtaining on the ground. 
As for Justice Bere’s judgement, we believe it is political, controversial, appealable and contestable.
<div class="text_exposed_show">
In the court of public opinion, Zimbabweans are clear that the MDC-T and the MDC Alliance are the only games in town.
The party will do all in its power to stop the abuse of its name, logo, trademark and symbols in line with the resolution of the party’s national council.
On the ground, President Adv. Chamisa is continuing with his huge, popular and well-attended rallies in the country’s rural areas.
Behold the new!
Luke Tamborinyoka 
Presidential Spokesperson and Director of Communications
</div>
</blockquote>

Court Case Changes Nothing: Chamisa Responds To Justice Bere's Ruling In Case Against Khupe

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