Opportunists were seeking to lay their hands on state funding which is allocated to Zimbabwe political parties
By Zimbabwe Digital Express, and Mark Anderson
MDC-T’s win of the political parties state funding case this week in the High Court against MDC-Alliance’s bid to secure the multimillion US dollars purse was to be expected.
Alliance leader Nelson Chamisa and the team of top-notch and heavy-weight lawyers who trip over each other with legal wisdom have come to get used to losing cases in this manner since the ConCourt judgment in which they appealed against Zanu-PF victory in the 2018 elections.
They insist that the courts are captured by the ruling party but keep coming back with cases they are well aware they will never win.
As if it’s not enough, MDC Alliance has of late faced a myriad of problems and challenges with the most immediate and hard-hitting being the call by MDC-T to stop the use of the name MDC Alliance and the numerous defections of top party members to the ruling party.
Before even finding a new party name, the party’s loss of the High Court case was a major blow.
MDC-T spokesman Lloyd Damba pointed out that the Alliance team doesn’t read the articles of agreement of all parties carefully, the MDC Alliance has a five-year shelf life and Article 9 says the laws of Zimbabwe shall govern this all-party (Alliance) agreement.
The MDC-T urged anyone seeking to abuse Zimbabwean court processes to desist from doing so for their own political gain.
MDC-T secretary for information and publicity Witness Dube released a statement this week, saying that opportunists were seeking to lay their hands on state funding which is allocated to political parties by trying to trick the courts to accede to political machinations and abuse of legal processes.
This week the Zimbabwe High Court ruled that the MDC Alliance could not be given the government allocated grant from the Political Parties Finances, as the alliance was not a constituted political organisation.
This ruling came in light of an approach by the MDC Alliance to the High Court, seeking an interdict to bar the Zimbabwe Ministry of Justice, Legal and Parliamentary Affairs, and the Ministry of Finance from disbursing the grant to the MDC-T in terms of the Political Finance Act (Chapter 2:11).
The case was thrown out of court on the fact and finding that the MDC Alliance was not a political party in the strictest sense of the word, but was in fact a political vehicle that was used for the 2018 electoral process.
It was further established that the constitution that was relied upon by the MDC Alliance to support their case in court was not in existence at the time that the parties approached Justice Chitapi, seeking another legal recourse in 2020.
Hence this piece of submission constituted new evidence – the court found – proving that the MDC Alliance was not a legal entity.
“As the MDC-T we remain unshaken by the countless attempts to disrupt the smooth flow of our party business. Rather we derive comfort from the fact that the issue of the political parties finance has been finally settled.
“We hope that the applicants, in this case, respect the law and they will not be found to be denigrating the same courts from where they were seeking legal recourse.
“It is also our hope that they will not be seen to continue to abuse the court processes,” said Dube.
The MDC-T further thanked all the legal brains that had managed the legal process which saw the MDC alliance fall flat in its attempts to block funding to the MDC-T – singling out Lovemore Madhuku, John Nomatter Kadoko, and Sarudzai Chatsanga for the sterling legal work in the case.
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