“Dear Alex Magaisa, You Cannot Be Allowed To Mislead The Nation,” – Opinion.
26 September 2020

Alex T Magaisa Flag of Zimbabwe

By Mari Matutu

Hi Dr Adv Alex Magaisa​​ | I enjoy your BSRs. Even those that come mid week. I just have reservations on a few things in your today one. Outside that I respect your views.

1) In your today 26/09/2020 under sub heading ELIMINATION AND CONTROL you mentioned this in your words “The Supreme Court ordered that an Extraordinary Congress was to be held within a period of 4 months and gave the Acting Presidency of the MDC-T for that period to Thokozani Khupe.”

You as a respected legal mind and your BSR being a source of wisdom cannot be allowed to mislead the nation and the world on words that you also used casually but if after this you go back and revise you will see that you misrepresented the Supreme Court and thereby misinformed the public.

a) I believe you as legal mind you understand that the words ” Hold an Extra Ordinary Congress” and ” Convene an Extra ordinary Congress ” are a worlds apart.

Holding an extra ordinary congress is the end result of events that include inviting rightful people to a meeting regarded as delegates. The delegates come as invited with a stipulated number meant to be a quorum. The agenda is presented and the process of the proceeding ends well. Holding a meeting has bearing on event or Congress having to happen, that is holding an Extra Ordinary Congress.

Whereas Convening an Extra Ordinary Congress is just ” bringing together for purpose of holding a Congress or say inviting delegates to a congress.” Just inviting delegates to EOC does not mean they will attend and if they do not attend you are held responsible for their failure to attend.

Now let’s go to what the Supreme Court said:

b) Dr Magaisa go to paragraph 2 of operation order of the Supreme Court. It reads:
“The judgement of the court a quo be and is hereby confirmed, save for the deletion of paragraphs 4 and 5 of the operative order”

This order looks innocent and people enjoyed the first part and never bothered to read on what the SC deleted. You are one of them Dr. Order 4 was deleted entirely, no part of it was left.

Let’s have it here “The 1st Respondent be and is hereby ordered to hold an Extra Ordinary Congress after the lapse of at least one month after date of this order.” Take note that
a) The 1st Respondent was MDC who is a person on its own. By deleting the order it means MDC was relieved of HOLDING an EOC.

b) It’s only the High Court that had used the words HOLD AN EXTRA ORDINARY CONGRESS. If you check well the Supreme Court after deleting the HC order 4 it never used that word again. You can safely say the Supreme Court deleted the order directed to MDC to Hold an EOC. MDC is not obliged at all to hold that EOC because the same court ruled the case moot.

c) What the Court ordered Khupe and Komichi was to CONVENE an EOC first in three months for Khupe or 4 months for Komichi. Convening is never the final. All what these two were ordered is to write notices to delegates inviting them to come and elect a president. Finish. That is an agenda item that can be rejected by delegates and they can say we have already elected a new president.

No court order ever ruled on what people voted for in Gweru. We still wait to see where it says Bulawayo MDC T Congress was cancelled and Gweru MDC congress was cancelled. Delegates may come or fail to come that is no longer Khupe or Komichi’s responsibility. He would have done his duty of convening. If they want to elect or not is still their choice because all what convenor does is bring item on agenda. Already we know it’s debatable .

Some say we held congress and some say it was not. The test is on numbers of correct delegates. The agenda is electing the president which means all posts are covered. Like what you rightfully said the mandate of Komichi and Mwonzora are long expired they cannot represent MDC any more.

As it stands these people did announce that 31 July was the date of EOC. That was enough of what the court had ordered them. Calling for a meeting. Finish. If it fails to happen because of Covid or any other reason like no quorum it’s another story. The only thing Komichi could have approached the court for and give as an excuse is that which stops him to convene not that which stops the holding of an EOC.

The Convening of EOC and holding of EOC are different. The judgement was given during Corona. His notice was given during Corona and if it fails to happen it’s no longer his responsibility.

For avoidance of doubt these goons were sold a dummy. Without MDC you cannot hold a Congress for MDC however you can convene it and if all true delegates come as invited then you can safely say MDC held an EOC. This must show all those that were told of 2014 structures that it’s all lie. As it stands, if MDC is to hold Congress it will be in 2024. The one held in Gweru was never challenged. Actually it is the reason why the SC ruled the case moot.

Help us shape this truth being hidden by lies.