The Herald

21st May 2019

A Harare man who was shot on suspicion of poaching the endangered rhino at Bubi Valley Conservancy, two years ago, has slapped the wildlife sanctuary with US$550 000 lawsuit for damages. Mr Nhamo Kufakunesu claims that he was on a frolic of his own looking for herbs along a river in Mwenezi, a few kilometres from the conservancy boundary, when he was shot by game rangers, on allegation of poaching the endangered species.

He was shot on the left side of the chest and the bullet exited through the left arm causing horrific disfigurement. The injury was said to have caused 30 percent disability.

In the summons filed at the High Court, Mr Kufakunesu claims that the extensive injuries he suffered resulted in permanent limited “hand range of motion, supination, pronation and medically certified 30 percent disability”.

He cited the conservancy and Mr Norman Andrew English, a security manager at the conservancy, three game scouts and three game rangers, as defendants.

“As a direct consequence of second to seventh defendants’ conduct, plaintiff suffered general damages for pain and suffering in the sum of US$350 000 for which first defendant is vicariously liable,” read the summons.

Mr Kufakunesu, who is being represented by Advocate Edwin Hamunakwadi, also claims that following the gruesome incident, the conservancy caused his malicious prosecution over trumped-up charges.

He was charged with contravening the Parks and Wildlife Act, which criminalises the hunting of any special protected animals, at Beitbridge magistrates’ courts, but he was acquitted. No appeal has been filed against his acquittal to date.
Mr Kufakunesu is now demanding US$200 000 for malicious prosecution over alleged trumped-up charges.

His prosecution, he argues, was blatantly malicious, unlawful and outright harassment.

“Their conduct is clearly an affront to plaintiff’s (Mr Kufakunesu) constitutionally guaranteed right to life,” he argues.

“In the premises, therefore, it is just and equitable that defendants jointly and severally the one paying the other to be absolved compensate plaintiff in damages in the total sum of US$550 000.”

Bubi Valley Conservancy has since filed a notice of appearance to defend the claim, through its lawyer Mr David Coltart of Webb, Low Barry Legal Practitioners.

Newsday

18th May 2019

BY BLESSED MHLANGA/RUTENDO MATANHIKE

THE Nelson Chamisa-led MDC has been hit by a financial squeeze which has forced it to dig deeper into members’ pockets to fund travel, food and accommodation costs for its over 6 000 congress delegates set to meet in Gweru next Wednesday to elect new party leadership.
The party last month said it will spend close to $2 million on delegates, who will attend the crunch May 24 congress in Gweru. It is still not clear whether this would be an extraordinary congress following a High Court ruling by Justice Edith Mushore recently.

Giving an update on the congress preparations yesterday, party spokesperson Jacob Mafume said because of the failing economy, the costs of hosting the congress continued to skyrocket and the party would be relying on its members for funding.

“Our road in funding the congress is that of a struggle as we rely on our members and on our people. We do believe like every other organisation in this country that because of the way Zanu PF is governing this country and failed to deal with issues of inflation and costs, there will also be issues around funding,” he said.

Mafume, however, said despite the party struggling to get funding, congress was going ahead with delegates assured of accommodation, food and transportation.

“What is always clear about the MDC spirit is that the congress will be historic and that it will go according to a democratic process. No stone will be left unturned to make sure that it is a success. I can assure the delegates that food and accommodation has been secured and that we will be self-funding the whole process for the satisfaction of our party members and our constitutional obligation,” he said.

In the wake of a High Court ruling which nullified Chamisa’s presidency, Mafume said the forthcoming congress was not called by the party president and, therefore, would not be affected by the court ruling.

The party said it has invited outsiders to run its elections for all contested positions in an effort to promote transparency and fairness.

Meanwhile, former Education minister and MDC aspiring treasurer-general David Coltart said Zanu PF has taken advantage of the underfunded and divided opposition to subvert electoral processes and the will of the people.

In is manifesto as he seeks to win the hearts and minds of the congress delegates for the treasurer-general post, Coltart said he will ensure that the party is well-funded, run professionally and geared to out-poll Zanu PF.

“We need to acknowledge the bad. We have been divided in the past and that has been a gift to Zanu PF. We have also not run our party as we should,” Coltart said.

“The party has been underfunded in many ways and inefficiently run and we cannot claim to be people who can run Zimbabwe well if we cannot run our own party efficiently. So, this is not just about running our party efficiently, it’s about the message we convey to the electorate.”

The MDC went through several splits under the leadership of the late Morgan Tsvangirai, denying them a critical outright victory against former President Robert Mugabe in the crunch 2008 general election which had to be decided via a bloody presidential run-off.

In the 2018 general elections, the MDC, owing to lack of resources, failed to field polling agents in some constituencies and as a result, did not have all the V11 forms to effectively tally the results of the presidential elections.

Coltart, who faces Tapiwa Mashakada for the treasurer’s post, said his leadership – combined with that of uncontested Chamisa would deliver the ultimate blow to Zanu PF.

“The party has survived the onslaught of Zanu PF. In fact, it has more than survived, it’s stronger now, I believe, than ever before. Of course, the last week or so I have crisscrossed the country and I have seen the strength of the party at grassroots level. We also have a dynamic new leadership particularly under Chamisa, who has energised the party and who has invigorated young people in our nation in a way that I haven’t ever seen before,” he said.

Bulawayo 24 News

By Mandla Ndlovu

15th May 2019

MDC-T Vice President Obert Gutu has attacked MDC Treasurer General aspirant David Coltart of being a racist unrepentant Rhodie.

Gutu was irked by Coltart’s opinion of the recent handed down MDC judgement said, “This racist Rhodesian Selous Scout should just zip it.”

Coltart had said, “Dear Thoko Zanu Khupe … You did your congress together with Gutu, Linda Masarira and others, you were elected president and you indicated that your party is the original MDC-T. You participated in the presidential race using the name MDC-T and you got 0.9 percent … Chamisa also participated and got over two and half million votes, so I don’t see the logic why you are saying you want to lead the MDC, which MDC?

“You want to be a leader of 2 million people who didn’t vote for you really, this is total madness give us a break madam Khupe …This will not work, you will not work, Chamisa will work … Simple.”

Gutu said he will not keep quiet when people are being misled by Coltart.

“I won’t keep quite when unrepentant racist Rhodesian Selous Scouts who butchered innocent black people decide to mislead the people by pretending to be democrats.” He added.

Newsday

13th May 2019

By Brenna Matendere

President Emmerson Mnangagwa’s hopes of destabilising the opposition through underhand dealings and his hopes of turning around the worsening economy alone will fail because he is not God, MDC leader Nelson Chamisa has said.

The youthful leader made the bold statements on Friday evening while officially opening the MDC Midlands caucus in Gweru.

In apparent reference to the recent High Court ruling made by Justice Edith Mushore nullifying his leadership of the MDC, Chamisa accused Zanu PF and its leader of burning the midnight
oil plotting to destroy the opposition through underhand mechanisms.
“Zanu PF is panicking … now they are trying to stop our congress. They will not have everything go their way. ED (President Mnangagwa) is not God. He cannot have all his wishes
succeed. Look at the economy, it is giving him problems. He is failing to deal even with sewerage blockages in towns,” he said.

Chamisa vowed that the congress will go ahead despite the court ruling.

“The court is trying to stop us. But we will not stop. This party is no longer touchable. We have just come from the late Morgan Tsvangirai’s memorial to appease the spirit of our
founding father. That was not in vain. It will give our party strength to fulfil his agenda for change,” he said.

“We are aware of mechanisms by Zanu PF to destabilise our party. They want to divert focus of the masses. Our focus is politics. We respect what judges say. We respect our lawyers, but
above all we are a political party. We formed this party alone. Our congress will go ahead.”

Chamisa warned MDC top officials he said were working with Zanu PF to destroy the party from within, saying they would be kicked out at congress.

“We are changing the direction of the party. We will no longer just walk with anyone. We will scrutinise our leaders. We need genuine cadres. At the congress, we are going to tie to the
plough the oxen that pull. If you are a cadre working with our enemy, we will not tolerate. This is a people’s party. We want to start counting each other. Those who are not with us can
go out. This party is now too strong, it will not split,” he said.
Douglas Mwonzora, the current MDC secretary-general, together with deputy president Elias Mudzuri, have been accused of working with Zanu PF and fingered as behind the court application
that challenged Chamisa’s leadership.

Presenting his manifesto during the caucus, Mwonzora avoided the subject and, instead, narrated his history in the opposition pointing to his commitment to the MDC party. He also
expressed loyalty to Chamisa.

“If elected to retain my post in the MDC, I will tirelessly fight for electoral reforms that will see our leader Nelson Chamisa safely going to occupy State House,” he said.

“I have worked in Copac and in the MDC on top posts. If elected to be secretary-general again, I will work on electoral reforms to ensure Nelson Chamisa goes to State House.”

He was not jeered as Chamisa kept warning the crowd against such conduct and, at one time, Mwonzora received an ovation during his speech.

Chamisa dismissed the notion that MDC-T leader Thokozani Khupe had been given the greenlight to take over the MDC Alliance by the Mushore ruling.

The youthful leader said he went to elections last year under different parties with Khupe and it was unimaginable how someone can come and take over their neighbour’s house. He said
Khupe was welcome at Morgan Richard Tsvangirai House only as a visitor.

Chamisa also charged that government should avail funds owed to MDC under the Political Parties Act and warned against the State channelling the funds towards Khupe’s MDC-T on the basis
of the Mushore High Court ruling.
Other party cadres who addressed the caucus included vice-presidency aspirants, Welshman Ncube, Tendai Biti and Senator Morgen Komichi. Mudzuri did not pitch up due to ill health.

Joel Guebuza and Thabitha Khumalo, who are vying for the national chairman’s post, also presented their manifestos. Charlton Hwende and Daniel Molokele told the crowd about their
ambitions to be party secretary-general, while David Coltart and Tapiwa Mashakada shared their visions as treasurer-general aspirants.

Pindula News

13th May 2019

MDC treasurer-general nominee David Coltart has hit out at MDC-T president Thokozani Khupe for her response to the ruling by High Court Judge, Justice Mushore.

Coltart castigated Khupe for claiming to lead a party that she has opposed in the 2018 elections and attacked since. Said Coltart:

“Madam Khupe’s response to the judgment of Mushore J is more farcical than the reasoning of the judgment itself.

Her claim to be the leader of the very party she opposed in the 2018 election and has vilified since is utterly spurious.

Courts cannot create supporters for politicians.

Justice Mushore on Wednesday ruled that Khupe is the rightful leader of the MDC and that Nelson Chamisa took after the presidency after Morgan Tsvangirai’s death through unconstitutional means.

The Judge further ruled that the party should hold an “overdue” extraordinary Congress to elect new leadership.”

Bulawayo News 24

9th May 2019

By Mandla Ndlovu

MDC Treasurer General aspirant David Coltart has dismissed the high court judgement as an empty thunder that is seriously laden with flaws.

The court ruled on Wednesday that MDC leader Nelson Chamisa is not the rightful leader of the MDC and his appointment as Vice President by the late Morgan Tsvangirai should be set aside.

Said Coltart, “I have just finished reading the High Court judgment against the MDC . I am profoundly shocked by the reasoning of the learned Judge. The judgement is seriously flawed in numerous respects. The application should have been dismissed on several different grounds but wasn’t.

“This is what is called a brutum fulmen – empty thunder, an ineffective order. By the time the appeal is heard a duly constituted Congress of the MDC will have been held and Nelson Chamisa elected. Pathetic interference with the due process of a party.”

Colltart added that the court seemed to b captured by ZANU PF and were being used to fight Nelson Chamisa.

“Imagine if Mugabe or the G40 had gone to Court to argue that Mnangagwa had been illegally appointed President of ZANU PF in December 2017 after the violent ouster of Mugabe. It is hard to imagine any Zimbabwean Court being bold enough to rule as they have today against the MDC.

“The farcical nature of life in Zimbabwe. Next the High Court will be ruling that Nelson Chamisa is not a person. The regime truly fears him taking full and unfettered leadership of the MDC.”

Commenting on matter MDC Vice President Professor Welshman Ncube said the decision by the judge was inconsistent with a previous judgement on the same.

“Wonders never cease!! During Morgan Tsvangirai’s lifetime the High Court ruled that his appointment of 2 additional Vice Presidents was lawful and today the same High Court decides contrary to law, to revisit its own decision and makes a contrary ruling,” Said Ncube.

Pindula.co.zw

8th May 2019

An MDC senior official, David Coltart, has poured cold water on a High Court ruling that party president Nelson Chamisa’s elevation is null and void.

A High Court judge ruled on Wednesday that the late MDC president Morgan Tsvangirai’s decision to appoint Chamisa and Elias Mudzuri as co-vice presidents was illegal, therefore null and void.

Reacting to the ruling, Coltart who has been nominated as the party’s treasurer ahead of the elective Congress slated for later this month said:

“The farcical nature of life in Zimbabwe. Next, the High Court will be ruling that Nelson Chamisa is not a person. The regime truly fears him taking full and unfettered leadership of the MDC.

It will be appealed. This is what is called a brutum fulmen – ‘empty thunder’, an ineffective order. By the time the appeal is heard a duly constituted Congress of the MDC will have been held and Nelson Chamisa elected. Pathetic interference with the due process of a party.

There is no need to rebrand. Khupe et al are hung up on the claim to the name MDC T, which they can have. Our party is the original MDC – a different name and a different brand. This is a desperate and pathetic move.”

Newsday

BY BLESSED MHLANGA / Brenna Matendere

7th May 2019

THE battle for political survival in the opposition MDC went a notch up on Sunday when party heavyweights nominated for positions in the executive council unveiled their manifestos before the Harare provincial delegates for the elective congress scheduled for later this month.

Party leader Nelson Chamisa, who was nominated unopposed, sat and watched candidates charm-voting delegates as campaign season officially opened.

Tendai Biti, Morgen Komichi, Elias Mudzuri and Welshman Ncube face each other for the two slots to deputise Chamisa, while the other slot has been reserved for a female member.
The post drew the most interest as the party heavyweights put their best foot forward.

Biti told delegates that he had a strategic plan to win the rural vote, saying congress presented the MDC faithful an opportunity to chart a new direction and declare an end to years of opposition politics.

“The 2019 congress of the MDC, the fifth congress, is going to be very important for the party. It is an opportunity for starting new dialogue with the people of Zimbabwe. It is an opportunity for the people of the MDC to show to the people of Zimbabwe that we are tired of being an opposition,’ Biti said.

“The party must focus on rural areas and in order to gain State power, we need to go to the village in Humanikwa, in Chiendambuya, in Dotito, so we need to change strategy.”

Komichi, who was a conduit to the rise of Chamisa to power in the MDC following the death of founding president Morgan Tsvangirai last year, banked on his years of loyalty and stay in the party as his ticket to power.

“I have stayed with the party, and I have gained two names, General Mao and Abrahama. What does General Mao mean? It means the greatest strategist; Abrahama means good leader. A good leader is a good follower,” he said.

Underfire Mudzuri, who at one time was eyeing the presidency, but only got nominated for the post of vice-president by a single province, stood in space to defend his position, saying he was a pillar of the opposition.

“I believe that I am a massive pillar of the party, which has never been shaken. The corner of the house does not get removed for no reason,” he said.

Ncube also described himself as a strategic think-tank, whose main purpose would be to help Chamisa in giving the party direction.

“I will do all I can, all in my power to render all assistance to president Chamisa. One of the tasks of the president, which has not been spoken to a lot, is the task of providing strategic direction; in short, the task of thinking, Mr president, I will think with you, if necessary to think until it hurts,” he said.

Other contestants, including secretary-general Douglas Mwonzora, hoping to pull a Houdini act again to follow his stunning 2014 win, also pitched his manifesto at the closed-door meeting before taking questions from delegates.

David Coltart was back at the MDC headquarters following years of absence to also pitch his manifesto against Tapiwa Mashakada, who has also been nominated for the post of treasurer-general.

The party will take its next meeting to Gweru on May 10, where candidates will meet delegates and defend their bid to be part of the standing committee.

MDC Midlands provincial party spokesperson Takavafira Zhou confirmed that the province will be having its caucus this Friday.

“All the national members nominated for posts in the standing committee have confirmed that they will be coming for the provincial caucus. On our part as a province we are done with inviting members in the province who will be delegates at the congress. So it will be all systems out on the day,” he said.

The provincial caucuses are a new campaign strategy introduced by the MDC, where all candidates who have been nominated for various posts ahead of the congress will be subjected to public debate and space to articulate what they offer.

New Zimbabwe.com

4th May 2019

THE opposition MDC needs to transform itself into a “strong” and financially sound institution if it is to win elections in 2023, former Education Minister David Coltart has said.

Coltart was speaking in a video circulated to party structures Friday in which he accepted nomination for the position of treasurer general in the MDC national executive.

“If we are to ensure that Nelson Chamisa becomes next president in Zimbabwe and that MDC wins the next elections, we have to build a strong party, we have to build an efficient organisation,” said the human rights lawyer.

However Coltart as quick to indicate that he had not lobbied to be nominated for the position but immediately laid out his plan for the financially crippled party.

“I have not campaigned for this position so far, although I have told (party leader) Nelson Chamisa that I would work for the party not at the capacity the party had thought it was best.

“I had not put my name forward for this position. However, I have been nominated by seven provinces. I am humbled and honoured to accept the nominations,” the former Cabinet Minister said.

Coltart becomes the first high-level nominee to accept after the conclusion of MDC lower structures’ congresses in which the party’s 13 provinces nominated senior leaders to take positions in the national executive.

The former Cabinet Minister said he has a track record that speaks for itself.

“I have a long record of building strong institutions as founding legal secretary of the MDC, I established the legal defense fund and raised a lot of money to ensure that MDC is running across the country and adequately defended.

“As Minister of Education, Sports, Arts and Culture between 2009 and 2013 I established Educational Transaction Fund and raised hundreds of millions dollars to resuscitate education in Zimbabwe,” said Coltart in his pitch ahead of the congress.

Other party leaders nominated for the same position include current vice national chairperson and vice presidential nominee Tendai Biti and former deputy secretary general Tapiwa Mashakada.

Former councilllor Rusty Markham, Harare Central MP, Murisi Zwizwai and one Eathridge Kureva have been nominated for the position of deputy treasurer general.

With reports of abuse of funds rife within the MDC, Coltart indicated he would want to bring accountability arguing in the institutions he worked no cent was misappropriated.

“That money was efficiently and correctly spent and we enjoyed the support of donors and we have to the same thing for MDC.

“I have long believed that the MDC, cannot promise to the nation that it can run Zimbabwe efficiently, if we cannot run the party itself efficiently. So we have to ensure that finances run efficiently and with full accountability,” he said.

“If elected I will do all in my power to install high levels of financial discipline and integrity in running of the party’s finances. I have always worked well in teams and I will seek to employ and engage people with financial expertise and integrity to assist me in implementing all the policies needed to ensure that the party becomes financially strong and runs well in.”

Newsday

BY OBEY MANAYITI/BLESSED MHLANGA

3rd May 2019

THE stage has been set for a bruising fight in the Nelson Chamisa-led MDC as almost all candidates nominated for top positions in the party’s standing committee have accepted and are now reaching into their war chests to mount rigorous campaigns ahead of congress this monthend.

Party bigwigs, who include vice-president Elias Mudzuri and secretary-general Douglas Mwonzora face an unsavoury prospect of walking out of the MDC’s elective congress as ordinary card-carrying members. The congress is the first since the death of the opposition party’s founding president Morgan Tsvangirai, who succumbed to cancer of the colony early last year, five months before the July 31 elections.

This comes as the High Court is set to hand down a judgment on Wednesday next week in which a Gokwe-Sasame MDC secretary Elias Mashavira challenged Chamisa’s legitimacy as interim party leader.

Mashavira wants the court to order the party to go for an extra-ordinary congress as opposed to the elective congress slated for May 24 to 26 in Gweru.

If granted the order, the party could be forced to abandon congress preparations, despite the nomination process having been completed.

Mashavira’s lawyer, Ashel Mutungura said: “Judgment is going to be handed down in a motion court on Wednesday. So today (yesterday) was just that notification.”

Chamisa, who was jettisoned to power through a national council resolution, appears set to win the top post after bagging all 13 provincial nominations.

Apart from Chamisa, who appears to be safe, there will be fierce contests for the posts of vice-presidents, secretary-general and treasurer-general, which have received an overwhelming number of nominations for strong contenders.

Few positions are now up for grabs following a resolution to empower Chamisa to appoint other portfolios.

Leading contender for the vice-presidency, Morgen Komichi called for responsible campaigning, adding that the party must emerge stronger from the congress.

Komichi will square off with former secretary-generals Tendai Biti, Welshman Ncube, and Mudzuri. “Yes, I have accepted the nomination,” Komichi said.

“I look forward to a peaceful campaign. I don’t want to see some campaign teams denigrating other candidates. We must be professional in our approach. We have relationships beyond the congress, we have a party beyond congress and I am aware that the campaign teams sometimes go into overdrive and end up attacking other candidates personally,” he said.

Komichi said campaigning ahead of congress should not create fissures in the party and instead must ensure that the party comes out stronger and united.

Although Biti and Ncube were not picking up their phones, NewsDay is reliably informed that they have accepted their nominations, while Mudzuri was evasive, saying he would not respond to questions on the matter because he was travelling to Buhera for Tsvangirai’s memorial service.

Three women will now battle it out for one vice-presidential post, which was last week ring-fenced by the national council as the MDC seeks to have women in its presidium.

Leading contenders for the post are Lilian Timveos, Lynnete Karenyi-Kore and Tracy Mutinhiri all having confirmed that they have accepted nomination, while Paurina Mpariwa has now decided to stand as women’s league chairperson.

“In line with the forthcoming MDC congress whence I received nominations for both the position of vice-presidency and women’s assembly chairperson, I will have to pave way for my fellow women cadres to contest in the VP post. I have opted to contest for the women assembly’s chairperson. This was motivated by the advices I received from a number of respected people in the struggle,” Mpariwa wrote on her campaign Facebook page.

Chalton Hwende, a close aide to Chamisa will face Daniel Molokele and possibly Mwonzora for the secretary-general post.

Close sources said Mwonzora was itching to retain his post although he could not immediately confirm that he was still interested after receiving one nomination.

After throwing in the towel in the race for the presidency, Mwonzora said he was aiming to keep his current position. Yesterday, Hwende insisted that the position was almost his after getting the majority of the nominations.

“I have accepted the nomination, I cannot betray the nine provinces that nominated me. The nominations will give you some guidance into what people want and in politics you must follow what the people want,” he said.

David Coltart said he was ready for the elective congress after accepting nomination for the treasurer-general position for which he received nominations from seven provinces and will face-off with Tapiwa Mashakada.

“Yes, I have accepted nomination from the seven provinces. Obviously, I will be subjected to election and congress and I am ready,” he said.

Party chairperson Tabitha Khumalo, who is looking to retain her post, faces a challenge from Gabbuza Joel Gabuza. Khumalo said she was ready to face her challenger. “I humbly accept the nominations and will be ready for a healthy competition with my peers,” she said.