A full ConCourt bench chaired by Justice Luke Malaba has dismissed Thokozani Khupe’s application against Nelson Chamisa.
Justice Malaba threw out Khupe’s application without giving further reasons.
“The application is hereby dismissed with no order as to costs,” CJ Malaba said.
Khupe who deserted the party’s Harvest House 5 months before the death of the late leader, Morgan Tsvangirai, was eventually fired from the party 2 months after the founder’s death.
She was involved in a scramble for leadership which saw not only her but also Elias Mudzuri, the latter who claimed he had received a letter of appointment from Tsvangirai at his hospital bedside in February last year.
Khupe claims she was prejudiced of her benefits when she was “unceremoniously” expelled.
Her lawyer Lovemore Madhuku argued saying:
“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.”
But the bench has since released its verdict whose full print is expected in the coming days.