The chamber application in which the Movement for Democratic Change led by Nelson Chamisa is seeking to bar Thokozani Khupe from using the same name was today postponed to Tuesday after Khupe’s lawyer Lovemore Madhuku failed to make it to the High Court in Bulawayo.
The urgent application was scheduled for 2pm this afternoon before Justice Bere and was postponed to the same time on 17 April.
Chamisa’s MDC-T says the MDC-T is their name and property.
“The applicant is the owner of the trademark which the respondents are unlawfully exploiting, including the open palms slogan. The respondents have now started creating their own political structures in the name of the applicant, including making use of the party’s registered trademark and their derivative marks, symbols and colours,” the party argues.
Khupe argues that she is the acting president of the MDC-T.
“I became acting president of MDC-T by operation of law in terms of Article 9.21.1 of the party constitution upon the untimely death and sad passing on of our party leader, the late Morgan Tsvangirai on 14 February 2018. Before I became acting president, I was the deputy president of the party having been elected by the congress in 2006, 2011 and 2014 as provided for in Article 6.44 of the party constitution,” she argues.
She also argued that there is no urgency in hearing the matter.
“The court is urged to take judicial notice of the fact that since 2005, the electorate has lived with MDC and MDC-T and there can be no urgency founded on an alleged need to prevent confusion. At one point we have had an MDC-N, MDC-M and MDC-99. I therefore submit that there is no urgency in this matter,” she argued.
One of her colleagues Obert Gutu said: “This is NOT the end, but just the beginning of the REAL war! Trust me! We will FIGHT to the bitterest end! We will FIGHT to the last man/woman standing!”