By Maxwell Mavhunga (MP)
I will not be political but legalistic in my assessment of the goings on within MDC. For one to evict any person you need an eviction order. The Supreme Court whilst ordering a Congress ,did not order eviction.
An absurd interpretation was adopted as regards the meaning of the judgement. I will leave that to the politicians to interpret it in the best way it suits their end.
The events unfolding at Harvest house are patently illegal and purely meant to score political goals.
Even kindergarten lawyer should win such a case.
The issue relates to occupation not ownership.
Confronted with a dispute, the court will simply enquire who was in occupation of the premises at the time of dispossession. Cadit questio or in English , end of the story.
The court does not enquire into the issues of ownership but possession.
If you take the law into your own hands and you use force to take occupation or possession of someone’s property then that person has a right of recourse in a court of law.
He has to prove 2 things.
That he was in occupation (Legal or illegal)
That he was removed without consent.
Cadit questio.
The court will give an order in favour of the Applicant once the above two questions are answered in the affirmative.
In our case, we were in occupation, as Alliance or whatever name you call us.
We don’t care who owns the property.
We were removed without consent.
Cadit questio. Or Case closed in street language.
Fascinating though is that ,our erstwhile comrades ,having realised the untenable nature of their illegality they then approached the court to regularize their misdeeds.
But excuse me.The horses have bolted.You can not correct an illegal act by securing a properly dated court order which only exposes rather than protects.
One serious confession which is made in the pleadings is a recognition that MDC ALLIANCE is a political party worthy citing as a Respondent.
Hopefully any future judge or magistrate who adjudicate in a dispute involving these litigants will take judicial notice that any party who alleges that MDC ALLIANCE is not a political party with a separate legal persona should be estopped from such averment because of the unequivocal admission made in this Ex Parte Application.
I rest my case. At least for now.
Maxwell Mavhunga is the MDC Alliance MP for Chitungwiza South
