Rudo Saungweme

The opposition party MDC has been condemned by analysts for the rise of MDC leader Nelson Chamisa to Presidency following the High Court ruling this Wednesday that his appointment was contrary to the MDC constitution.

Human Rights Lawyer, Tinashe Hofisi stated that the decision made by the High Court in ruling that Chamisa’s ascension to the positions of Deputy President to substantive President were contrary to the MDC constitution.

“The High Court sitting at Harare dealt a body-blow to Nelson Chamisa’s leadership of the MDC on 8 May 2019. In the case of Elias Mashavira vs Movement for Democratic Change (MDC) and Five Others HH 302/19, Justice Edidth Mushore ruled that Chamisa’s ascension to the positions of Deputy President, Acting President and substantive President were contrary to the MDC Constitution,” he said.

Hofisi also said, after assessing the views of some scholars on the High Court decision, he was convinced that it is the populist-driven nature of the MDC which makes its supporters ignorant to the legal consequences.

“In assessing these opposing views, I am convinced that it is the populist-driven nature of the MDC which makes its supporters oblivious to the legal consequences of its constitutional misfeasance,” said Hofisi.

On twitter, UK based scholar Alex Magaisa termed the judgement an embarrassment to the legal and political system, whilst MDC member and lawyer David Coltart called it a desperate and pathetic move.

The decision made by the High Court was based on the concept of constitutionalism: the limitation of power by a supreme law. Article 6.4.4.1 of the MDC constitution states that all members of the National Standing Committee, including the Deputy President (s), are elected at Congress.

Both Chamisa and MDC Vice President Elias Mudzuri were appointed by the late MDC leader Morgan Tsvangirayi in July 2016, allegedly with the blessing of the National Council, but without being elected at Congress.