The High Court on Tuesday dismissed with costs an application by the MDC Alliance led by Nelson Chamisa to stop Treasury from disbursing money under the Political Parties (Finance) Act to the MDC-T led by Douglas Mwonzora.
Justice Philda Muzofa ruled that the MDC Alliance, which was the applicant in the matter, had no legal basis to make an application before the courts following a previous court ruling that it was not a political party.
The MDC Alliance was formed on 5 August 2017 as a coalition of seven political parties, with the MDC-T and People’s Democratic Party included.
In March 2020, the Supreme Court declared that Chamisa’s election as MDC-T president in 2018 was null and void as it was in violation of the party’s constitution.
In its application, the MDC Alliance had sought an interim court order to stop the Finance ministry from disbursing $299 970 000 which was allocated to the MDC-T under the Political Parties (Finance) Act.
The MDC-T responded by saying that the MDC Alliance had no legal capacity to sue as declared earlier in a judgment passed by High Court judge Justice Tawanda Chitapi in another matter between the two parties. Justice Muzofa declared:
By virtue of the judgment already made that the applicant lacks legal capacity, the applicant cannot appear in court and claim that it has legal capacity.
The preliminary point is upheld, there is no applicant before the court.
The finding disposes of the matter; it becomes unnecessary to deal with the rest of the preliminary points and the merits of the case.
Since any decision is based on preliminary points and not on the merits, the application is struck off with costs.