The High Court has Provisionally Ordered that the Ministry of Justice pay MDC Alliance led by within 7 days their portion of funds from Political Party Finance Act Judge recognized MDC Alliance legal standing as a political party in Parliament independent of MDC-T. The MDC Alliance is set to receive 7 million from the Ministry of Justice.
The MDC Alliance, and not the MDC-T led by Thokozani Khupe will receive the money in terms of the Political Parties Finances Act. It remains to be seen if the money will be paid to the MDC Alliance as they are currently at loggerheads with the MDC-T which recalled four of its members of parliament.
Here is the judgement
IN THE HIGH COURT OF ZIMBABWE CASE NO: HC 2199/20 HELD AT HARARE
In the matter between:-
MOVEMENT FOR DEMOCRATIC CHANGE ALLIANCE (MDC ALLIANCE) APPLICANT
AND
MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS RESPONDENT MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT e° RESPONDENT PARLIAMENT OF THE REPUBLIC OF ZIMBABWE 3R. RESPONDENT
PROVISIONAL ORDER
TO: THE RESPONDENTS
TAKE NOTE that, on the 7. day of May 2020 the Honourable Mrs Justice Munangati-Manongwa sitting at Harare issued a provisional order.
The annexed Chamber application, affidavit/s and documents were issued in support of the application for this provisional order.
If you intend to oppose the confirmation of this provisional order, you will have to file a notice of Opposition in Form No. 29B, together with one or more opposing affidavit’s, with the Registrar, of the High Court at Harare within ten (10) days after the date of which this provisional order was served upon you. You will also have to serve a copy of the Notice of Opposition and affidavits on the applicant at the address for service specified in the application.
If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application for confirmation of the provisional order.
If you wish to have the provisional order changes or set aside sooner than the rules of Court normally allow and can show good cause for this, you should approach the applicant/applicant’s legal practitioner to agree, in consultation with the Registrar, on a suitable hearing date. If this cannot be agreed or there is a great urgency, you make a Chamber application, on notice to the applicant, for directions from a judge as to when the matter can be argued.
TERMS OF FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms:- 1. It is ordered that:-
i. Within 7 days from the date of service of this order, the It respondent, shall pay into the applicant’s account number 1036938297 held A Steward Bank, all amounts due to the applicant in terms of the Political Parties Finance Act Chapter 2:11 in the sum of $7 492 500.00.
ii. Ill and 2nd respondents shall pay cost of suit.
TERMS OF INTERIM RELIEF The and 2nd respondents be and arc hereby interdicted, stopped and barred from disbursing the sum of $7 492 500.00 due to the applicant in terms of the Political Party Finance Act or any other amount thereof, to any party other than the MDC Alliance.
SERVICE OF THE ORDER
That the applicant’s legal practitioners are given authority to serve the order by way of delivery to the respondent’s legal practitioners.
BY THE JUDGE
The MDC Alliance, and not the MDC-T led by Thokozani Khupe will receive the money in terms of the Political Parties Finances Act. It remains to be seen if the money will be paid to the MDC Alliance as they are currently at loggerheads with the MDC-T which recalled four of its members of parliament.
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