The MDC Alliance has been dealt with another blow as the High Court has declared it a non existent party. The main opposition was appealing the recalling of its MPs from parliament by another opposition MDC-T that also contested and lost the 2018 elections. Chalton Hwende, Prosper Mutseyami and Tabitha Khumalo from the National Assembly and senator Lillian Timveous from the Senate we recalled in terms of section 129(1)(k) of the Constitution by reinstated MDC-T secretary general Douglas Mwonzora. Their appeal has been dismissed with costs.
Justice Chitapi ruled the MDC Alliance does not exist as a legal persona and cannot sue in a court of law. The appeal by Chalton Hwende and his fellow legislators was deemed illegal.
Chitapi said it was only power politics at play. In his ruling Chitapi said, “For a political party to sue it must have a constitution, it should exist separately from its members. A group of people who have come together under a common name does not make them a legal person.”
“Chalton Hwende has no legal authority to represent the Members of Parliament. The MDC Alliance is not a legal persona and therefore is improperly before the courts. There is nothing urgent which was shown to the court.”
Justice Chitapi dismissed the challenge by MDC Alliance with costs.
Speaking after the ruling newly appointed MDC Alliance Spokesperson Fadzayi Mahere said their party’s power does not come from the courts but from the people. Vice President Tendai Biti said, “The judgment acknowledges & makes the finding that we are a political party . The party that contested in 2018 .So those celebrating same are missing this point.We are the MDC Alliance led by Advocate Nelson Chamisa. No gun or bullet will break our resolve.”
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