MDC Vice President Professor Welshman Ncube has weighed in on the implications of the Supreme Court judgement on the MDC leadership dispute saying the ruling on Tuesday was only academic and impossible to implement because “the eggs cannot be unscrambled”.
Below we reproduce the tweets by Professor Ncube.
The lie that whomever is the President of the MDCT is President or leader of the MDC Alliance is being propagated by desperate charlatans. Clause 3.1 of the Alliance agreement only provided that (Morgan) Tsvangirai would be the Alliance Presidential candidate for the 2018 elections.
In the event of the unavailability of Tsvangirai the Alliance agreement provided that the MDCT would nominate the Presidential candidate, subject to the approval of Alliance partners. Chamisa was so nominated and approved.
The rest of the agreement dealt with issues relating to the formation of the Alliance government in the event of electoral victory. All those provisions are irrelevant today. Nothing in the agreement dealt with the leadership of the Alliance in the event of electoral defeat.
No where in the Alliance agreement was it provided that the leader of the MDCT would ipso facto be the leader of the Alliance out of government. The Alliance agreement provided that the leaders of the parties with Parliamentary representation wd constitute a Principals Forum
On the results of the election the parties with Parliamentary representation under the banner of the Alliance were the MDCT, MDC & PDP. These 3 and others resolved post the elections to integrate into one party under the banner of the MDC Alliance & go to Congress as one. They did.
The result was the Gweru Congress of May 2019 which elected Nelson Chamisa as MDC Alliance President. Thus the eggs were broken, scrambled & made into an omelette & hence the acceptance by the Supreme Court that the questions before it were moot (academic). The eggs could not be unscrambled.
To then proceed to issue an order attempting to unscramble the eggs & reconstitute back to 14 February 2018 the MDCT component of the omelette is to order the impossible. It just cannot be done. The result is that the MDCT (Khupe) will have a repeat of its Byo Congress.
They will add a few crumbs from the omelette in the form of Komichi, Mwonzora and whomsoever else desires to be part of that political funeral sadly ordered by the Courts.
On the day of the judgment this is what Ncube tweeted
At the last meeting of the MDC Alliance Standing Committee on 10 March 2020 I put to Cde Komichi & Cde Mwonzora the entire ZANU PF strategy on the Khupe case & their respective roles in that strategy. Their denials of both the ZANU PF strategy and their roles thereto were vehement.
I ended the debate by telling them that while we had no choice but to give them the benefit of the doubt on the day of the handing down of the judgement we will know the truth. Today we know.
I also told them that the MDC- A had already held its Congress & wd not hold another one & that the leadership elected at Congress was not negotiable & would never be determined by courts of law but only by the members of the party. That was true on that day as it is true today.
Legally, the MDC- A was not before the court and cannot be bound by a judgement to which it is not a party and which in any event is not directed at it. Politically, the people ALWAYS decide. Period.