Despite the fact that all records show that the MDC Alliance and the MDC T contested as different political formations in the 2018 elections, and notwithstanding the fact that Justice Munangati Manongwa granted an interim order to stop the disbursement of $7.5 million under the Political Parties Finance Act to the Dr. Khupe-led MDC faction, the Government of Zimbabwe has gone against the court order and given the money in question to the Dr. Khupe led MDC faction. This was not a surprise for many given that the responsible minister, Justice Ziyambi Ziyambi, had long vouched that Government was to give the money to the faction of the MDC that is not entitled to it.
When people then say there is no rule of law in Zimbabwe, and that contributes to the declining economy, Government officials blame it all on sanctions which are not the real factor. One also concludes that the Dr. Khupe faction which wants the world to believe that it follows the rule of law does not follow the rule of law after conniving with Justice Ziyambi Ziyambi to get the money that the court said rightfully belonged to the MDC Alliance. “It is not disputed that the MDC Alliance gained more than 5% of the votes entitling it to benefit from the provisions of the Political Parties Finance Act,” read part of Justice Manongwa’s judgement, adding further that “The entitlement in the aforesaid sum was duly confirmed in a Government Gazette of 28 February 2020. The Ministry of Justice officials assured the MDC Alliance that the monies were to be deposited in the applicant’s account. This more than satisfies the requirement of prima facie right. There is proof that the State acknowledges the applicant’s entitlement”
Regardless, Justice Ziyambi Ziyambi ignored this court ruling and handed over the money to the wrong party. It is believed that Justice Ziyambi Ziyambi ignored the rule of law in order to finance Dr. Khupe’s faction Congress, which is not in line with the Constitutional Court ruling as the MDC Constitution has not be adhered to in the process as the faction did not hold a legitimate National Council of the 2014 MDC-T structures. The Supreme Court ruling required that proper procedures had to be followed in electing a replacement for the late founding President of the MDC, Dr. Richard Morgan Tsvangirai.
The MDC feud is still in the courts, and one would have expected Government to observe that and do the right thing to withhold the money until the dispute is resolved, or to give it to the party that is on records as being entitled to the money.
Do we have thinking people in Government in Zimbabwe?