BY MIRIAM MANGWAYA
MDC Alliance chief Nelson Chamisa has suffered one other blow after Excessive Court docket choose Justice Philda Muzofa dismissed an utility to cease Treasury from disbursing cash beneath the Political Events (Finance) Act to a rival faction led by Douglas Mwonzora.
Chamisa has been battling to cease Mwonzora’s MDC-T from accessing funds given to political events with 5 or extra MPs in Parliament after a Supreme Court docket ruling delivered in March final yr declared that he was not the reliable chief of the
In passing the ruling, Justice Muzofa stated the MDC Alliance, which was the applicant within the matter, had no authorized foundation to make an utility earlier than the courts following a earlier court docket ruling that it was not a political occasion.
In its utility, the MDC Alliance had sought an interim court docket order to cease the Finance ministry from disbursing $299 970 000 which was allotted to the MDC-T beneath the Political Events (Finance) Act.
The MDC-T was cited as third respondent.
Responding to the applying, MDC-T acknowledged that the MDC Alliance had no authorized capability to sue as declared earlier in a judgment handed by Excessive Court docket choose Justice Tawanda Chitapi in one other matter between the 2 events.
“By advantage of the judgment already made that the applicant lacks authorized capability, the applicant can’t seem in court docket and declare that it has authorized capability,” the choose stated in her ruling on Tuesday.
“The preliminary level is upheld, there isn’t a applicant earlier than the court docket. The discovering disposes of the matter; it turns into pointless to cope with the remainder of the preliminary factors and the deserves of the case. Since any choice relies on preliminary factors and never on the deserves, the applying is struck off with prices,” she added.
Within the utility, MDC Alliance, represented by Alec Muchadehama of Mbizo, Muchadehama and Makoni Attorneys, had claimed that it was the rightful beneficiary of the funds because it garnered extra votes than Mwonzora’s MDC-T within the 2018 elections.
“A problem was raised that, if the applicant has a structure, it isn’t the occasion that contested within the 2018 harmonised elections,” Justice Muzofa stated.
“It can’t, subsequently, search the order sought herein and is out of court docket. There was no response on this concern from the applicant. I’m not inclined to take the failure to reply as an admission. I depart the query open since there was no correct argument on it.”
Justice minister Ziyambi Ziyambi and Finance minister Mthuli Ncube, cited as first and second respondents respectively, had not opposed the granting of the interim reduction.
The MDC Alliance and MDC-T events have dragged one another to court docket in a number of wrangles which embody management and management of the occasion places of work following the loss of life of occasion founder Morgan Tsvangirai in 2018.
The MDC Alliance was fashioned on August 5, 2017 as a coalition of seven political events, with the MDC-T and Folks’s Democratic Celebration included.
MDC-T beneath Thokozani Khupe contested the 2018 polls as a separate entity and did not win an elective seat. It nonetheless, bought two seats beneath proportional illustration.
However, the MDC Alliance received 64 seats.
In March 2020, the Supreme Court docket declared Chamisa’s management of the MDC-T illegitimate.
Chamisa has additionally misplaced a bid to cease the recall of MDC Alliance MPs and councillors by Mwonzora. Mwonzora additionally plans to undertake the MDC Alliance moniker for his occasion to finish the coup de grâce towards Chamisa, after taking on occasion places of work and different property.
- Observe Miriam on Twitter @FloMangwaya
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