High Court evicts Khupe….. VP, 8 others ordered to surrender MDC-T Bulawayo offices
By Lionel Saungweme
High Court judge, Justice Maxwell Takuva on Friday ordered the eviction of Movement for Democratic Change (MDC-T) Vice President, Thokozani Khupe and eight other respondents from the party offices in Bulawayo.
In granting the writ of mandamus (spoliation order), Justice Takuva ruled that Banda was the “highest ranking official” in the province with full loci standi in judicio to sue for recovery of the premises.
The judge also noted that Banda had “been in peaceful and undisturbed possession and occupation of the MDC-T Bulawayo Provincial offices.”
After the death of MDC-T leader Morgan Tsvangirai on 14 February 2018, Acting MDC-T President Nelson Chamisa and Dr Khupe have tussled for control of the party.
Dr Khupe has claimed Matabeleland and Bulawayo as her political turf. In asserting dominance, Dr Khupe’s allies seized the Bulawayo party offices on the morning of Sunday 4 March 2018.
The dispossession of the property caused Banda to successfully sue for recovery.
The provisional order, issued as Case No. HC 775/18 declares the actions of Dr Khupe, MDC-T National Organising Secretary, Abednigo Bhebhe, Dr Khupe’s personal assistant, Witness Dube, MDC-T National Chairman, Lovemore Moyo’s personal assistant, Artwell Sibanda, Gershom Zimba, Samson Mubhemi, Elliot Doctor Moyo, Mthokozisi Ncube, who is also associated with the Barbara Nyagomo led Progressive Democrats of Zimbabwe and Mbuso Sibanda “in depriving the Applicant and all those claiming through him their peaceful and undisturbed occupation of No. 41A Fort Street, between 1st and 2nd Avenue, Bulawayo by forcibly taking over occupation, possession and control of the aforesaid premises … unlawful.”
Justice Takuva’s order envisages “that Respondents and their agents SHALL NOT in any way disturb Applicant’s and those claiming through him occupation and control of the aforesaid premises.”
Khupe and her allies were also ordered to “pay the costs of suit in a legal practitioner client scale in their personal capacities jointly and severally the one paying the others to be absolved.”
The Respondents were ordered “not to interfere with Applicant’s occupation of No. 41A Fort Street, between 1st and 2nd Avenue, Bulawayo,” and also “prohibited from interfering with and/or disrupting any meetings, programmes and activities of the Applicant and from vandalising any property of the MDCT situate at the aforesaid premises.”
“In the event of the Respondents or their agents or those claiming through them failing, neglecting or refusing to comply” with the order “the member-in-charge, Bulawayo Central Police station or any of his details or any Police or Peace Officer in Zimbabwe, be and is hereby directed to arrest and detain the Respondents and any such or person(s) as may be aiding the Respondents and take them to any court of contempt jurisdiction on charges of contempt of court or any such competent charges for prosecution according to the law.”
The court order puts an end the tussle for control of the party’s Bulawayo offices.
In the last few weeks, the feud has also cemented the ties within the MDC Alliance on the fact, that Mathonsi Ncube Law Chambers, which is owned among others by, Professor Welshman Ncube, represented the Applicant. Nehanda Radio
