On the basis of these facts, it is my respectful consideration that the legal position is as follows:

1. Steps 1 to S in the above set of facts mean that the extraordinary Congress held on 27 December 2020 was convened in accordance with the judgment of the Supreme Court in SC 56/20 as read with the order of the same court in SC 328/20.
2. To the extent that the aforesaid extraordinary Congress was convened before 31 December 2020 as ordered in SC 328/20, there has been compliance with the Supreme Court judgment.
3. For the avoidance of doubt, Steps 1 to 5 in the above set of facts are legally significant: there was a transition from the convening of the meeting by the Acting President and/or the National Chairman to the conduct of the actual business of the meeting, that is, the election of a President.
4. At the very least, the business of electing a President lawfully started when the independent electoral body, with the concurrence of all delegates and the four candidates, conducted the first vote by the delegate who voted first.

5. As soon as the voting process began under the direction of the independent electoral body, the Acting President became a candidate in the election of the President. Thereafter, she could neither cancel the extraordinary Congress nor suspend the Secretary General who was also a candidate in the same election. It is now settled in law that an office-holder who is conflicted cannot exercise any of the powers that attach to the particular office to the extent to which the exercise of that power would involve a conflict of interest.
6. There are only two ways in which the voting process could have been prematurely stopped: either by a decision of the independent electoral body itself based on objectively verifiable reasons or by an order of a competent court.
7. As the voting process could not have been stopped by the Acting President [given the conflict of interest point above], at law, the voting at the extraordinary Congress on 27 December, 2020 was never stopped.
8. Flowing from the foregoing paragraph 7, because the voting was never stopped at law, the results announced by the independent electoral body are presumed to be valid. They enjoy a presumption of validity.
9. The presumption of validity means that unless set aside by a competent court, Douglas Mwonzora is duly elected as President.
   10.Any candidate in the election or any member of the MDC-T is entitled to approach a competent court to challenge either the validity of the extraordinary Congress itself or the conduct of the election of the President. The Supreme Court is now out of it because of the presumption of validity I have referred to above. However, until there is an order of court to the contrary, Douglas Mwonzora is the President

11.As this was an extraordinary Congress the term of office of the elected President is very limited: it is only up to the holding of the next ordinary Congress, where all elected positions, including that of the President, would be open for electoral contestation.

12. Needless to emphasise, the extraordinary Congress does not change the previous positions held by members of the Standing Committee. For example, Dr. Thokozani Khupe has ceased to be Acting President and is the Deputy President.
    13.The presumption of validity that I have prominently referred to in this opinion does not only bind members of the MDC-T. It also binds organs of State such as Parliament and the Executive. In the absence of a court order setting aside the election of Douglas Mwonzora as President, Parliament, for purposes of section 129(1)(k) of the Constitution, has to recognize him as President of the MDC-T party. Similarly, the Minister of Justice, Legal and Parliamentary Affairs, for purposes of the Political Parties(Finance) Act, also has to recognize him as President.
13. Once it is accepted that Douglas Mwonzora is presumed to be duly elected until his election is set aside by a competent court, it follows that there could not have been a valid meeting of the National Council on 28 December 2020 without that meeting having been convened by him or under his authority.
14. Further, if it is accepted that the extraordinary Congress was never cancelled at law, the meeting of 28 December 2020 could neither confirm nor endorse/ratify a non-existent cancellation.
    My summary and advice 16.There are two mutually exclusive positions in the MDC-T now namely: (i) the first position that says that Dr. Thokozani Khupe is still the Acting President because the extraordinary Congress of 27 December 2020 was cancelled by the Acting President, rendering all the proceedings thereof

null and void and (ii) the second position that follows the view that the extraordinary Congress of 27 December 2020 took place, that Douglas Mwonzora was duly elected as President at that extraordinary Congress and that unless set aside by a competent court, Douglas Mwonzora is the President.

17. Of these two positions, let me make it clear that I respectfully believe that on a proper and careful consideration, the better view of the law is the second position above: that the extraordinary Congress of 27 December 2020 took place, that Douglas Mwonzora was duly elected as President at that extraordinary Congress and that unless set aside by a competent court, Douglas Mwonzora is the President.
18. I have used the words “the better view of the law” advisedly: this is merely my strongly considered opinion and obviously a different lawyer may come to a different conclusion.
19. I therefore advise accordingly. I also so advise because this position ensures stability in your party as it allows you to work with the outcome of the extraordinary Congress while members seeking to challenge that outcome will be having their days in court. The party will thereafter abide by any decision to be made by the courts. Further, we still have many cases in the courts that require a united leadership
    20.For the sake of completeness, in the event that a different lawyer comes to the opposite conclusion and take the first position “that Dr. Thokozani Khupe is still the Acting President because the extraordinary Congress of 27 December 2020 was cancelled by the Acting President, rendering all the proceedings thereof null and void”, the ultimate decision will be made by a court.