News / Local
Chamisa's MDC lose funding case
07 Apr 2021 at 18:30hrs | Views
HIGH Court judge Justice Philda Muzofa has thrown out an application by the MDC Alliance which sought to bar the government from disbursing funds to the main MDC led by Douglas Mwonzora under the Political Parties Finance Act.
The MDC Alliance had approached the court arguing that Mwonzora had no right to the political funds under the Act as his formation had not participated in the 2018 harmonised elections.
In its application, the MDC Alliance had cited Justice minister Ziyambi Ziyambi, Finance minister Mthuli Ncube and the Mwonzora group as respondents.
The party had also claimed that they had filed the lawsuit out of fear that the Treasury would disburse $30 million to Mwonzora and his formation under the Act as they had previously done last year.
The MDC, through their lawyer Lovemore Madhuku, had challenged the application, arguing that the Nelson Chamisa-led MDC Alliance had no right to the political funds as the party that had participated in the elections and the current one were different.
"It was further submitted that in its affidavit, the applicant described itself as a legal persona with the capacity to sue and be sued. A constitution was attached to confirm the position stated in the founding affidavit. The constitution is undated.
"The party that contested in the 2018 elections had no constitution and it is the party that appeared before the court in MDC Alliance and two others versus Douglas Mwonzora and five others.
"No constitution was produced before the court. If this applicant has a constitution, then it is not the party that contested in the 2018 harmonised elections and is out of court," Madhuku had averred.
In delivering her judgment, Justice Muzofa noted that the party was bound by the decision previously made by Justice Tawanda Chitapi in May last year and, therefore, lacked the legal capacity to appear before the court.
The MDC Alliance had approached the court arguing that Mwonzora had no right to the political funds under the Act as his formation had not participated in the 2018 harmonised elections.
In its application, the MDC Alliance had cited Justice minister Ziyambi Ziyambi, Finance minister Mthuli Ncube and the Mwonzora group as respondents.
The party had also claimed that they had filed the lawsuit out of fear that the Treasury would disburse $30 million to Mwonzora and his formation under the Act as they had previously done last year.
"It was further submitted that in its affidavit, the applicant described itself as a legal persona with the capacity to sue and be sued. A constitution was attached to confirm the position stated in the founding affidavit. The constitution is undated.
"The party that contested in the 2018 elections had no constitution and it is the party that appeared before the court in MDC Alliance and two others versus Douglas Mwonzora and five others.
"No constitution was produced before the court. If this applicant has a constitution, then it is not the party that contested in the 2018 harmonised elections and is out of court," Madhuku had averred.
In delivering her judgment, Justice Muzofa noted that the party was bound by the decision previously made by Justice Tawanda Chitapi in May last year and, therefore, lacked the legal capacity to appear before the court.
Source - dailynews
