Judge Reserves Judgement In Khupe Case
A High Court judge in Bulawayo has reportedly reserved judgment to next week on whether or not to accept as an urgent application the matter in which the MDC T is seeking an interim order to bar expelled Thokozani Khupe from using the party name and logo.
The Adv Nelson Chamisa led MDC-T last month fired Thokozani Khupe together with her two allies Mr Abednigo Bhebhe and Mr Obert Gutu, following a national council meeting resolutions.
Prior to his dismissal, Mr Bhebhe was the party’s national organising secretary while Mr Gutu held the post of national party spokesperson.
Adv Chamisa lawyers Atherstone and Cook Legal Practitioners, filed an urgent chamber application at the Bulawayo High Court citing Dr Khupe, Mr Bhebhe and Mr Gutu, as respondents.
Adv Chamisa is seeking an order stopping the respondents from “unlawfully exploiting and abusing its registered MDC-T trademark, symbols and signs.”
In his founding affidavit, MDC-T acting chairperson Mr Morgen Komichi said: “This is an application for an order interdicting the respondents from unlawfully using the applicant’s name in the pursuit of their political agenda and infringing on registered trademarks. The respondents were dismissed as members and office bearers of the party on 23 March 2018”.
Mr Komichi said Dr Khupe and her allies were causing confusion and misleading MDC-T followers by continuing to use the party trademark, symbols and signs. “Notwithstanding the dismissal, which effectively terminated their membership, the respondents have, in common purpose, purported to present themselves as not only MDC-T members, but office bearers thereof and thereby causing a lot of confusion amongst party supporters,” he said.
“MDC-T is our name and is our own property. We have past experience on this issue, some tried to do it previously and you know what happened. We are going to approach the courts when the right time comes,” Mr Komichi said.