The Supreme Court will this Monday determine the MDC-Alliance’s (MDC) appeal against the High Court’s May judgment which ruled that it is not a legal person with the capacity to sue or be sued.
The MDC-A is a coalition of seven opposition parties that was launched in August 2017 with the aim to challenge Zanu-PF in the 2018 harmonised elections. Among the seven parties was the MDC-T which was then led by the late Morgan Tsvangirai.
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The appeal will be heard by Deputy Chief Justice Elizabeth Gwaunza, sitting with Justice Tendai Uchena and Justice Samuel Kudya.
The MDC-A had brought an urgent High Court application challenging MDC-T’s recall of legislators elected on the MDC-A ticket.
However, on May 29 this year, Justice Tawanda Chitapi ruled that the MDC-A as a collective had no legal right and responsibility to sue on behalf of the recalled legislators, who could bring legal action as individuals.
The MDC-A held it’s inaugural congress in May 2019, with the majority of MDC-T members and some of the coalition partners elected into its structures.
In March 2020, the Supreme Court ruled that the MDC-T flouted its constitution in electing Tsvangirai’s successor, Nelson Chamisa, in 2018 and should therefore revert to its 2014 structures to choose the legitimate leader of the party.