MDC President Nelson Chamisa has scored against MDC-T leader Thokozani Khupe whose application demanding damages from the Parliament of Zimbabwe was thrown out by the Constitutional Court bench.
Khupe rushed to court after she was booted out of the parliament by the speaker Jacob Mudenda after the Nelson Chamisa led MDC wrote that she no longer represented interests of the party.
Through her lawyer Lovemore Madhuku, Khupe claimed Chamisa had no authority to fire her from the party.
She said as such the parliament should not have expelled her.
But on Wednesday, a full ConCourt bench chaired by Justice Luke Malaba dismissed her application without giving further reasons.
“The application is hereby dismissed with no order as to costs,” Malaba said.
Khupe was fired from the MDC-T party last year after she lost a three-way power struggle that also involved another party deputy president, Elias Mudzuri following the death of founding president, Morgan Tsvangirai.
The MDC-T’s national council appointed Chamisa acting party president and a disaffected Khupe branched off with her supporters to form her own MDC-T party.
Madhuku had argued that his client was prejudiced of her benefits when she was “unceremoniously” expelled, adding she was mulling suing for damages.
He said the case was not a moot one because if it is established that she was unconstitutionally expelled, she will be entitled to her benefits.
“She lost her benefits in terms of salary and allowances. She can sue for damages against the second respondent (Parliament) if it is established that she was not constitutionally removed,” Madhuku said.
Khupe was an MDC-T Proportional Representation Member of Parliament.
Mudenda was represented by Advocate Thabani Mpofu who argued that Khupe had no prospects of success in her application.