FULL TEXT: High Court Provisional Judgement On The MDC Alliance Political Party's Funds

Here is a full text of the provisional judgement that ordered Ziyambi Ziyambi to release funds meant for the MDC Alliance to the MDC Alliance in 7 days;

Form No. 29C/Provisional Order/Rule 246
0277250
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 2nd RESPONDENT

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RESPONDENT PARLIAMENT OF THE REPUBLIC OF ZIMBABWE 3rd RESPONDENT

PROVISIONAL ORDER

TO: THE RESPONDENTS
TAKE NOTE that, on the 7th 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, Al 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. 3rd 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