A SOUTH African wholesale textile company and a Bulawayo
garment manufacturing firm which supplied MDC-T with 200 000 T- shirts and head
scarves in 2008 have approached the High Court seeking an order directing the
opposition party to pay nearly R5 million for the consignment.
The T-shirts and head scarves were for use by MDC-T during
its campaign ahead of the 2008 Presidential runoff, which the late Mr Morgan
Tsvangirai opted out of alleging acts of violence against his party supporters.
The manufacturing firms, Cabat Trade and Finance (Pvt) Ltd
of Johannesburg in South Africa and Security Mills (Pvt) Ltd of Belmont in
Bulawayo want about R 4, 6 million from MDC-T for the consignment of party
T-shirts and regalia supplied. The money was supposed to be paid in South
Africa including the value added tax.
The two companies, through their lawyer Mr Pineas Madzivire
of Joel Pincus Konson and Wolhuter Legal Practitioners filed a court
application for garnishee at the Bulawayo High Court citing MDC-T and Justice,
Legal and Parliamentary Affairs Minister Ziyambi Ziyambi as respondents.
Minister Ziyambi was cited in his capacity as the
Government official responsible for administering and distributing funds in
terms of the Political Parties Finance Act.
The two firms want a court order that compels Minister
Ziyambi to garnish R4 560 935,37 from the money allocated to MDC-T under the
Political Parties Finance Act.
In his founding affidavit, Mr Madzivire who is acting on
behalf of the companies, said the application for a garnishee order is premised
on a Supreme Court judgment obtained against MDC-T in November last year.
Mr Madzivire said despite the judgment, MDC-T was failing
to pay them the money.
“In terms of the Political Parties Finance Act , which is
administered by the second respondent (Minister Ziyambi), the State is obliged
to fund any political party that gets at least five percent of the vote in a
general election hence it is the deponent’s belief that the garnishee is or
will be indebted to the judgment debtor.
“This application is being made in terms of Rule 377 of the
High Court Rules, which provides that a judgment creditor who has obtained a
judgment order for the recovery or payment of money may make a court
application for a garnishee order,” he said.
The applicants want MDC-T to pay R4 560 935,37 or its
equivalent in RTGS$ or any other currency using the prevailing bank rate.
Supreme Court judge Justice Bharat Patel sitting with
Deputy Chief Justice Elizabeth Gwaunza and acting judge of appeal Justice
Martin Makonese on circuit in Bulawayo ordered MDC-T to pay Security Mills R4,5
million together with five percent interest calculated from April 2008 to the
date of final payment.
The judge also ordered MDC-T to pay the legal costs
incurred by Security Mills. Chronicle
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