By Paul Nyathi|Spokesperson of the Thokozani Khuphe led MDC-T faction Obert Gutu has challenged the Nelson Chamisa led faction of the party that the use of the party name will be finalised in the court on Friday.
Speaking in a media interview after submitting opposing papers on a High Court application submitted by the Chamisa led faction on Thursday, Gutu said that they have engaged high profile lawyers to defend their position to use the party name.
The Chamisa led faction through its lawyers Atherstone and Cook Legal Practitioners, on Thursday filed an urgent chamber application at the Bulawayo High Court citing Khupe, Abednico Bhebhe and Gutu, as respondents seeking an order stopping them from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs.”
In an affidavit, submitted by their chairperson Morgen Komichi the Chamisa faction said: “This is an application for an order interdicting the respondents from unlawfully using the applicant’s name in the pursuit of their political agenda and infringing on registered trademarks. The respondents were dismissed as members and office bearers of the party on 23 March 2018”.
Komichi said Khupe and her allies were causing confusion and misleading MDC-T followers by continuing to use the party trademark, symbols and signs.
“Notwithstanding the dismissal, which effectively terminated their membership, the respondents have, in common purpose, purported to present themselves as not only MDC-T members, but office bearers thereof and thereby causing a lot of confusion amongst party supporters,” he said.
“MDC-T is our name and is our own property. We have past experience on this issue, some tried to do it previously and you know what happened. We are going to approach the courts when the right time comes,” Komichi said.
“The applicant (MDC-T) 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.”
Komichi accused Khupe of portraying herself as the leader of the MDC-T and the party’s presidential candidate in the forthcoming harmonised elections.
“It is also apparent that the first respondent (Dr Khupe) and all persons acting through her and on her behalf are making use of and exploiting a registered trademark which belongs to the MDC-T in violation of the Trademarks Act,” he said.
Komichi said although Khupe ceased to become an MDC-T member soon after her expulsion, she continued to use social media platforms misrepresenting herself as the acting president of the party. “The MDC-T contention is that the respondents’ actions are clearly unlawful. The applicant is a party that will contest in the 2018 harmonised elections and has been doing preparations for the past five years. If the respondents are aggrieved they should follow the due process of the law and not openly defy resolutions properly taken by organs of the party to which they belonged,” he said.
Gutu said that they have since filled their opposing papers through their lawyers T.J Mabhikwa and Partners.
In the opposing papers Khupe insisted that she was 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 said.
Gutu said that they have assembled their legal team which will be led by Professor Lovemore Madhuku to defend their position when the court seats on Friday afternoon.
“We are not moved by their court action,” said Gutu. “We are ready to engage them in court and will definitely come out of court victorious.”