MDC Alliance Is Not A Legal Body Ruling Confirmed By Default After Lawyers Fail To Turn Up At The Supreme Court Hearing
2 November 2020

Paul Nyathi

MDC Alliance lawyers on Monday failed to appear in the Supreme Court today for the much awaited hearing of a challenge of the ruling by High Court judge Justice Chitapi that MDC Alliance is not a legal persona.

“Their absence forced the Supreme Court of Appeal to struck the case which means that the earlier judgement remains.

The High Court Judge had ruled that the MDC-Alliance does not legally exist as a legal person who can sue in court.

The High Court said the only evidence brought before the court showed that MDC-A was an alliance of other political parties.

Although it had been given the status of a political party under the Electoral Act, this did not make it a legal person able to sue and be sued, in the absence of other requirements such as a decision to be a legally incorporated voluntary organisation or another type of body corporate.

The appeal today was supposed to be heard by the Deputy Chief Justice Elizabeth Gwaunza, sitting with Justice Tendai Uchena and Justice Samuel Kudya.