Thokozani Khupe, one of the leaders of the two Movement for Democratic Change-Tsvangirai factions, continues to haunt her more popular rival Nelson Chamisa though she is widely regarded more as a spoiler than a serious contender.
Khupe who was kicked out of the MDC-T but refused to badge and instead formed her own party with the same name initially won a court ruling in Bulawayo that she could continue to use the name pending arbitration or a court hearing.
The Chamisa faction appealed the ruling but the Supreme Court referred the case back to the High Court for full trial.
Though it hailed the court order as a victory, the Chamisa faction filed papers with the court the following day seeking to bar Khupe and her colleagues Obert Gutu and Abednigo Bhebhe from continuing to use the MDC-T name, logo and symbols because they had formed their own party with their own logo.
According to Newsday, their lawyer Thabani Mpofu made the application on 23 May arguing that since the trio were expelled from the MDC-T on 23 March and had since formed their own political outfit, they were no longer entitled to use the name, symbol, logo and trademarks of the MDC-T.
“As a result of their expulsion, the first, second and third defendants lost the right to the use of the name, symbol, logo and trademark of the MDC,” Mpofu said.
“Despite losing the right to the use of the name, symbol, logo and trademark of the plaintiff, defendants have without lawful excuse continued to hold themselves out as belonging to the plaintiff and have abused its name, symbol, logo and trademark.”
The date for full trial has not been set yet but Zimbabwe is holding elections in less than three months.
President Emmerson Mnangagwa has not proclaimed the elections yet but he should do so before 8 July.
The law says that the Nomination Court, at which parties should register their candidates and names and symbols, must sit 14 to 21 days after the proclamation of elections.
The elections must then be held at least 30 days but not more than 63 days after the Nomination Court day.
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