THE High Court has ruled that the Nelson Chamisa-led MDC
Alliance is a political entity, adding more fire to the on-going fight for the
control of the opposition party.
In a ruling issued last week in a matter between the MDC
Alliance versus the Finance ministry and the Justice ministry and the
Parliament of Zimbabwe, Justice Munangati Manongwa granted an interim order
requested by Chamisa to stop the disbursement of $7,5 million under the
Political Parties Finance Act to the Thokozani Khupe-led MDC-T.
On March 31, Zimbabwe’s Supreme Court declared Chamisa’s
leadership of the main opposition party illegitimate and ordered Khupe, who
leads the smaller rival MDC formation to hold an election to replace him within
three months.
Khupe then moved to take control of the party, recalling
four MDC Alliance leaders from Parliament.
But Chamisa sought an interdict barring government from
releasing the funds under the Political Parties Finance Act to her faction.
The judgment acknowledged the MDC Alliance as a political
party.
“The applicant herein is a political party with capacity to
sue and be sued. The applicant has approached the court on an urgent basis
seeking the following relief…,” the ruling read.
According to the ruling, the MDC Alliance, represented by
Alec Muchadehama, approached the courts to stop government from disbursing $7
492 500 due to the applicant to any party other than the Chamisa-led entity.
“It is not disputed that the MDC Alliance gained more than
5% of the votes entitling it to benefit from the provisions of the Political
Parties Finance Act,” part of the ruling read.
“The entitlement in the aforesaid sum was duly confirmed in
a Government Gazette of 28 February 2020. The Ministry of Justice officials
assured the MDC Alliance that the monies were to be deposited in the
applicant’s account.
“This more than satisfies the requirement of prima facie
right. There is proof that the State acknowledges the applicant’s entitlement,”
the ruling read.
The ruling further stated that there was evidence that
government intended to give the money to another party which was not the MDC
Alliance and said there was justification for fears that the finances would end
up in the hands of other people.
“When the court considers the evidence placed before it,
the conclusion that the applicant (MDC Alliance) has shown a well-grounded
apprehension of irreparable harm is inescapable. There is evidence of
publications to the effect that there is a likelihood of the applicant’s
entitlement being paid to a different entity other than applicant.
“An attempt to seek clarity failed to provide an assurance
that the first respondent does not intend to so act. The applicant is thus
within its right to fear that it may lose its entitlement to a third party and
not be able to retrieve such a considerable sum of money.”
The ruling added: “I reiterate that the applicant does not
seek to have funds disbursed to it at this stage, such that there was no need
to have even opposed the relief sought as the funds would still remain in the
first respondent’s coffers until the court finally decides the dispute.
“Given the aforegoing and conscious of the degree of proof
required at this stage, I find that the applicant has satisfied the
requirements for granting of an interim interdict. The court in exercising its
discretion finds this to be a proper case for the granting of a provisional
order,” the judge said before granting the relief sought.
MDC Alliance deputy secretary-general Jameson Timba said:
“The judgment acknowledged that president Chamisa was elected as president of
the MDC Alliance in Gweru last year. It also acknowledged that he contested
elections as a candidate of MDC Alliance.
“The Ministry of Justice has previously disbursed funds to
MDC Alliance. The Zimbabwe Electoral Commission and Parliament records show
there is a party called MDC Alliance. It boggles my mind that any rational
person would wake up today and say that party does not exist both at law and in
reality. It can only be malicious to do so.”
Contacted for comment yesterday, MDC-T secretary-general
Douglas Mwonzora said he was in a meeting.
The long-standing battles in the MDC formations have taken
several twists and turns and a number of them are awaiting determination in the
courts. The High Court is tomorrow expected to determine a challenge brought by
Chalton Hwende and Prosper Mutseyami challenging their recall by Khupe’s MDC-T
following the Supreme Court judgment declaring Chamisa an illegitimate leader.
Khupe was arguing that the MDC Alliance was not a party,
but an umbrella body for a group of political parties.
Today, the High Court is continuing with a matter in which
MDC Alliance is seeking to interdict Mwonzora from recalling its MPs after the
recall of four of its legislators — Hwende, Mutseyami, Thabitha Khumalo and
Lillian Timveous early this month.
The Supreme Court is also expected to hand down a ruling in
a case where the MDC Alliance is seeking to block Mwonzora from recalling party
MPs. Newsday
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