THE fight over the MDC-T logo and campaign materials between the party and four members who had rebelled against the MDC-T and chose to stand as independent candidates at last year’s elections, came to an end yesterday.
SILAS NKALA
STAFF REPORTER
Bulawayo High Court judge Justice Martin Makonese struck the case off the role indicating that it has been overtaken by events.
The Bulawayo High Court had before the elections last year granted the MDC-T an interdict compelling Kidwell Mujuru, Felix Magalela Sibanda, Samuel Sandla Khumalo and Prince Dube, who had been expelled from the party due to their defiance to contest as independent candidates, to desist from using the party’s logos and campaign materials ahead of the elections.
The interim order was given pending the deliberations on the case, but since then the hearing has been pending and when it was supposed to be heard yesterday, the court discovered the quoted respondents, Mujuru, Sibanda, Khumalo and Dube were not even aware of the hearing date.
Applicants in the matter were cited as Gorden Moyo then MDC-T Bulawayo provincial chairman, Luveve constituency MP Reggie Moyo a and Anele Ndebele now Magwegwe MP, Bekithemba Nyathi now Mpopoma/Pelandaba MP and Dingilizwe Tshuma for Emakhandeni/Entumbane.
Justice Makonese yesterday questioned if it was still feasible to proceed with the case since it had been overtaken by events, with some of the applicants having left the MDC-T, while others had returned.
After deliberations on the feasibility of proceeding with the case, Justice Makonese ruled that it be struck of the roll on the grounds that it has been overtaken by events.
The striking off of the case from the roll comes at a time when Gorden Moyo, Reggie Moyo and Bekithemba Nyathi, who were applicants, have defected from the MDC-T to MDC-Renewal.
The respondents, Khumalo and Sibanda, have since rejoined the MDC-T and it is not yet clear on the position of Mujuru and Dube, who were also respondents in the matter.
Gorden Moyo and others, represented by Kucaca Phulu, had an urgent chamber application in July 2013, seeking an order to stop Mujuru and others from using the party’s material and logo in their campaign since they had gone against the party’s procedures. This led to their expulsion from the party.