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Thokozani Khupe’s lawyer Lovemore Madhuku has given his legal opinion on the ongoing MDC T saga that saw Khupe trying to overturn the election that was won by her rival Douglas Mwonzora.
Madhuku stated that Mwonzora was duly elected the MDC T leader unless the election is set aside by a competent court.
Madhuku’s legal opinion which was released yesterday reads in part:
<blockquote>5. As soon as the voting process began under the direction of the Independent electoral body, the Acting President became a candidate In the election of the President. Thereafter, she could neither cancel the extraordinary Congress nor suspend the Secretary General who was also a candidate in the same election. It is now settled In law that an office-heftier who Is conflicted cannot exercise anv of the powers that attach to the particular office to the extent to which the exercise of that power would Involve a conflict of interest 
6. There are only two ways In which the voting process could have been prematurely stopped: either by a decision of the independent electoral body itself based on objectively verifiable reasons or by an order of a competent court. 
7. As the voting process could not have been stopped by the Acting President [given the conflict of interest point above], at law, the voting at the extraordinary Congress on 27 December, 2020 was never stopped. 
8. Flowing from the foregoing paragraph 7, because the voting was never stopped at law, the results announced by the independent electoral body are presumed to be valid. They enjoy a presumption of validity. 
9. The presumption of validity means that unless set aside by a competent court, Douglas Mwonzora is duly elected as President. 
10.Any candidate in the election or any member of the MDC-T is entitled to approach a competent court to challenge either the validity of the extraordinary Congress itself or the conduct of the election of the President. The Supreme Court is now out of it because of the presumption of validity I have referred to above. However, until there is an order of court to the contrary, Douglas Mwonzora is the President.</blockquote>
Khupe yesterday held a standing committee meeting and dismissed Douglas Mwonzora from the party. Her spokesperson Khaliphani Phugeni said they were consulting Madhuku on the matter.
<img alt="" class="aligncenter wp-image-191677 size-full" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-6.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-6.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-6-218x300.jpeg 218w" width="698"/>
<img alt="" class="wp-image-191676 size-full aligncenter" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-5.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-5.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-5-218x300.jpeg 218w" width="698"/>
<img alt="" class="wp-image-191675 size-full aligncenter" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-4.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-4.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-4-218x300.jpeg 218w" width="698"/>
<img alt="" class="wp-image-191674 size-full aligncenter" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-3.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-3.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-3-218x300.jpeg 218w" width="698"/>
<img alt="" class="wp-image-191673 size-full aligncenter" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-2.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-2.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-2-218x300.jpeg 218w" width="698"/>  <img alt="" class="wp-image-191672 size-full aligncenter" decoding="async" height="960" loading="lazy" sizes="(max-width: 698px) 100vw, 698px" src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-1.jpeg" srcset="https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-1.jpeg 698w, https://news.pindula.co.zw/wp-content/uploads/2020/12/Madhuku-Legal-Opinion-1-218x300.jpeg 218w" width="698"/>

Pindula News

Madhuku Throws Khupe Under The Bus

In the following video recorded by HSTV, MDC T led by Thokozani Khupe ‘s spokesperson Khalipani Phugeni took the time to address a lot of issues which include the court-sanctioned congress, the takeover of Harvest House by MDC T youths and he also said the votes garnered by Nelson Chamisa in 2018 belong to them.
Watch the length video below:
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WATCH: Chamisa's 2.1 Million 2018 Votes Are Now Ours - Khupe

The Thokozani Khupe led MDC T (now MDC Alliance) has said they are monitoring operations in councils and recalling anyone who is involved in corrupt activities, Sunday News reports. This was revealed by the party’s spokesperson Khlaipani Phugeni who spoke to the publication and said they had put together a team that was monitoring activities at various councils.
Said Phugeni:
<blockquote>
I am part of the local government cluster where we have started looking closely at the operations of our councillors since 2018, we are focusing on issues to do with service delivery taking for example housing delivery where we discovered that some residents have been on the housing waiting list since the 1980s. We are serious about this exercise that we are even targeting our members who have left council, where if we find them to have engaged in corrupt activities during their time in office, we will surely be descending on them
</blockquote>
This came after reports claiming otherwise said they were <a href="https://news.pindula.co.zw/2020/09/04/khupe-planning-to-recall-councillors-to-paralyse-harare-city-council-and-let-a-govt-commission-take-over-report/">going to recall councillors and paralyse especially Harare City council</a> after their Harare Mayoral Candidate Luckson Mkunguma lost to MDC Alliance’s Jacob Mafume.
The MDC T has so far recalled over 80 councillors countrywide and the recalls have virtually paralysed Harare and Beitbridge Councils.
More: <a href="https://www.sundaynews.co.zw/mdc-t-clears-air-on-recalled-councillors/">Sunday News </a>

We Are Descending On All Corrupt Councillors - Khupe's Spokesperson Addresses Recalls

Court resurrected MDC T 2014 structures now MDC Alliance has said it recalled some councillors because they bluntly told them they were not going to recognise them as a party, Sunday News reports. Speaking to the publication, MDC T spokesperson Khalipani Phugeni said they had to recall 2 councillors, The Gwanda Mayor and the Bulawayo Deputy Mayor Tinashe Kambarami on the basis that they refused to recognise the power bestowed to them by the March 31 Supreme Court ruling.
Said Phugeni:
<blockquote>I will give you the example of the Gwanda Mayor, Jastone Mazhale we had to recall him after he declared that after we met with them as councillors he had just come in to listen but did not recognise us, honestly how then do you keep a councillor who makes such declarations. Even the former Deputy Mayor of Bulawayo, Tinashe Kambarami, he came out in the media declaring that he recognises the MDC Alliance as his parent party not the MDC-T clearly he rendered himself not part of the party hence we had no choice but to recall him.</blockquote>
When Phugeni was then asked by the publication if the councillors they had not recalled recognised them as a party, he could not confirm or deny anything but said they will be guided by their provincial executives. The MDC T has been accused of paralysing councils in revenge recalls after losing the Harare Mayoral Election to an MDC Alliance candidate Jacob Mafume.
More: <a href="https://www.sundaynews.co.zw/mdc-t-clears-air-on-recalled-councillors/">Sunday News </a>

We Recalled The Gwanda Mayor Because He Bluntly Told Us He Doesnt Recognise Us - Khupe

MDC T leader and interim MDC-T 2014 structures leader Thokozani Khupe’s name is among the 15 names that were submitted to ZEC to replace the MDC Alliance legislators she recalled after she was made the MDC T leader by the Supreme Court earlier this year, The Herald reports.
Khupe is set to be in the National Assembly while her spokesperson Khalipani Phugeni will be in the senate and 13 other people who were nominated by her party to represent the party in parliament.
ZEC’s Chairperson Priscilla Chigumba invited voters with objections to approach them and lodge their objections before the commission before the nominations were confirmed. A notice by Priscilla Chigumba about the nominations reads:
<blockquote>The public is hereby notified, in terms of section 39 (6) of the Electoral Act (Chapter2:13) that the MDC party has nominated party list members of the National Assembly and the Senate listed in the schedules below to fill in the vacancies in the National Assembly and the Senate that occurred following the recall by the MDC-T of the incumbent on the grounds that they had ceased to be members of that party
Any voter wishing to object to the nominations of the members may lodge them in writing with the Chief Elections Officer, at Mahachi Quantum Building, corner Kaguvi Street and Jason Moyo Avenue, Harare or post them to Private Bag 7782, Causeway within a period of 14 days from the date of publication of this notice, setting forth the reason(s) for the objection(s).</blockquote>
Apart from Khupe and Phugeni the other names that were submitted are:
<ol>
<li>Yvonne Winfielda Musarurwa</li>
<li>Lindani Moyo</li>
<li>January Sawuke</li>
<li>Memory Munochinzwa</li>
<li>Lwazi Sibanda</li>
<li>Sipho Mokone</li>
<li>Molly Dorothy Ndlovu</li>
<li>Tamani Moyo</li>
<li>Gertrude Moyo</li>
<li>Piniel Denga</li>
<li>Chief Ndluvu</li>
<li>Nomalanga Khumalo</li>
<li>Teti Chisorochengwe.</li>
</ol>

Thokozani Khupe Among 15 MDC T People Set To Replace Recalled MDC Alliance Legislators In Parliament

The Thokozani Khupe-led MDC-T national council recently passed a resolution to recall all senators and proportional representation (PR) legislators still supporting MDC Alliance president Nelson Chamisa.
This was said by acting party spokesperson Khalipani Phugeni on Tuesday after the MDC-T expelled 8 more senators aligned to Chamisa. Said Phugeni:
<blockquote>The national council of May 9, 2020, resolved to recall all the PR and senators because those are low-hanging fruits, that is what I understand to mean strategically, you recall those quickly and you deploy party cadres who are able to carry out the values, principles and objectives of the MDC-T as I have alluded to, that’s what it said.
To the extent that it’s not done, I can’t defend that. I think the members of the MDC-T will have to judge us as leaders and say what do we have to do with such leadership, but the resolution is clear.</blockquote>
Since the controversial Supreme Court ruling in March this year which re-instated Khupe as the legitimate president (in an acting capacity) of the MDC-T, the party has been recalling MDC Alliance legislators, claiming that it sponsored them in the last general election.
Party insiders have accused acting secretary-general Douglas Mwonzora of using recalls to his favour ahead of party’s July 31 extraordinary congress.
<h4>More: <a href="https://www.newsday.co.zw/2020/07/chaos-over-mps-recall-in-khupe-party/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Khupe To Expel All MDC Alliance Senators And PR Legislators

Thokozani Khupe’s spokesperson Mr Khalipani Phugeni has rejected insinuations that the Khupe led MDC T faction is a Zanu Pf project whose sole aim is to neutralise the youthful MDC Alliance leader Nelson Chamisa, Sunday News reports.
In dismissing the reports, Phugeni said Khupe has never received anything from Zanu PF:
<blockquote>It is a sad thing that people would treat others in a manner they would not want to be treated themselves, because we all know that natural justice demands that he that accuses must prove. Dr Khupe has previously been arrested over seven times, she has received nothing, publicly or privately from Zanu-PF, which the same cannot be said about her detractors.
Simply because she stood firm and pushed back against infringement of her rights and stood resolute defending not only herself but her gender because she was being marginalised on the basis of her gender and ethnicity, so she stood firm, which the ruling elite and the private media did not like. They did not like this woman who was not submissive.</blockquote>
Earlier this month, Khupe took over MDC Alliance headquarters Harvest House assisted by state security agents, which further fueled stories they were working for or with the ruling party to neutralise the ruling party’s strongest opponent Nelson Chamisa.
More: <a href="https://www.sundaynews.co.zw/we-are-not-a-zanu-pf-project-mdc-t/">Sunday News </a>

Khupe Has Never Received Anything Publicly Or Privately From Zanu-PF - Khupe's Spokesperson

In an interview with Newsday, Thokozani Khupe’s spokesperson Khalipani Phugeni said Khupe does not have a soft spot for President Mnangagwa and his leadership style. When asked if that was true, Phugeni said:
<blockquote> It is the same malicious campaign I have been speaking to. Khupe did not meet Mnangagwa until after the elections and the Constitutional Court had confirmed his electoral win. At a Press conference, she held immediately after the election, she said “the elections were free of violence, but they were not fair”.
She went on to make the case (as to) why they didn’t pass the standard of fairness, but as a democrat she needed to be magnanimous even in loss and congratulate the winner as she would have expected the same had she prevailed, hence you saw her at that (Mnangagwa) inauguration ceremony.
Now juxtapose her position to that of her detractors; on January 5, 2018 Nelson Chamisa takes Mnangagwa to visit the late Tsvangirai.
The previous year (on) November 24, 2017 Chamisa attended the inauguration of Mnangagwa, but later on dismissed him as a coup President.
April 18, 2018, Chamisa and his friends attended the Independence celebrations presided over by Mnangagwa.
In all these instances, there is a presumption that Chamisa is involved in some noble national engagement with Mnangagwa for the good of the nation and no one must so much impute bad motive by even suggesting that Chamisa was on an individual selfish errand to land a GNU which he will be appointed Prime Minister.
As long as there was hope of (Mnangagwa) appointing Chamisa and his grouping to the national executive of the country there was no coup. (The late former President Robert) Mugabe resigned legally and the promise of the second republic was true. Zanu PF was pristine and association with Mugabe and his G40 was evil and treasonous, hence the spurious attempt to link Khupe and others to Mugabe and his G40.</blockquote>
Khupe’s spokesperson went on to say Chamisa and his camp insinuated that Mugabe and his camp were better than President Mnangagwa and his government.
<blockquote>We know now that actually it’s the G40 and Mugabe who were pristine, according to Chamisa and his group and engaging a duly-elected President of the republic is not only scandalous, but a betrayal of “the struggle”.</blockquote>
More: <a href="https://www.newsday.co.zw/2020/06/harvest-house-is-mdc-t-citadel-khupe/"> NewsDay </a>

Khupe Denies Having A Soft Spot For ED & His Govt

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