Two former MDC-T MPs maintain that they have the right to use Prime Minister Morgan Tsvangirai’s image in their campaigns ahead of the July 31 elections, arguing it is not protected under the Copy Right Act.
Felix Mafa, Samuel Khumalo, Kidwell Mujuru and Prince Dube yesterday filed notice of opposition to an interdict by the Bulawayo High Court on Monday barring them from using the MDC-T logo and Tsvangirai’s image.
The four were expelled from the MDC-T after they filed nomination papers to stand as independent candidates.
MDC-T dragged four of its expelled members to the High Court pleading with the courts to bar them from using its logos and campaign materials ahead of the forthcoming elections.
Bulawayo High Court judge Justice Maphios Cheda on Wednesday declared unlawful the use of the party’s logo, colours and picture of Mr Tsvangirai by four of its expelled members.
The move followed an urgent chamber application by MDC-T Bulawayo provincial leadership led by Mr Godern Moyo on Tuesday seeking to interdict Mr Mujuru, Mr Sibanda, Mr Khumalo and Mr Dube from campaigning using the party’s symbol.
“Respondents’ use of 1st applicant’s registered election campaign symbol being the open palm bearing the face of the first applicant’s president, Mr Morgan Richard Tsvangirai or part thereof of such symbol be and is hereby declared unlawful.
“The respondents are with immediate effect interdicted from using, displaying and or distributing fliers or any other such election campaign material as bears the first applicant’s registered election campaign symbol being the open hand bearing the face of Tsvangirai or part thereof of such registered election symbol for purposes of canvassing for respondents or any other person’s votes who is not authorised by the 1st applicant,” said Justice Cheda.
The order also compels the four to surrender all such election campaign fliers, logo, pamphlets or material bearing the face of Mr Tsvangirai to the party’s provincial offices at 41 Fort Street in Bulawayo.