Own Correspondent|Leader of the opposition MDC-T Thokozani Khupe who has been riding on cloud nine in the last week over an ambiguous High Court ruling giving her some more claim into the stakes of the MDC-T is in for a baptism of fire after a South African company has taken the party to court over an outstanding debt of 5 Million South African Rands.
The South African wholesale textile company and a Bulawayo garment manufacturing firm, supplied MDC-T with 200 000 T-shirts and head scarves in 2008, approached the High Court in Bulawayo seeking an order directing the opposition party to pay nearly R5 million for the consignment.
The T-shirts and head scarves were for use by MDC-T during its campaign ahead of the 2008 Presidential runoff, which the late Morgan Tsvangirai opted out of alleging acts of violence against his party supporters.
The manufacturing firms, Cabat Trade and Finance (Pvt) Ltd of Johannesburg in South Africa and Security Mills (Pvt) Ltd of Belmont in Bulawayo want about R4,6 million from MDC-T for the consignment of party T-shirts and regalia supplied.
The money was supposed to be paid in South Africa, including the value added tax. The two companies, through their lawyer Pineas Madzivire of Joel Pincus Konson and Wolhuter Legal Practitioners filed a court application for garnishee at the Bulawayo High Court citing MDC-T and Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi as respondents.
Minister Ziyambi was cited in his capacity as the Government official responsible for administering and distributing funds in terms of the Political Parties Finance Act.
The two firms want a court order that compels Minister Ziyambi to garnishee R4 560 935,37 from the money allocated to MDC-T under the Political Parties Finance Act.
In his founding affidavit, Mr Madzivire, who is acting on behalf of the companies, said the application for a garnishee order is premised on a Supreme Court judgment obtained against MDC-T in November last year. Mr Madzivire said despite the judgment, MDC-T was failing to pay them the money.
“In terms of the Political Parties Finance Act, which is administered by the second respondent (Minister Ziyambi), the State is obliged to fund any political party that gets at least 5 percent of the vote in a general election hence it is the deponent’s belief that the garnishee is or will be indebted to the judgment debtor.
Khupe’s MDC-T currently has only one proportional representation member in parliament and may not be eligible for political parties financing through government.
“This application is being made in terms of Rule 377 of the High Court Rules, which provides that a judgment creditor who has obtained a judgment order for the recovery or payment of money may make a court application for a garnishee order,” he said.
The applicants want MDC-T to pay R4 560 935,37 or its equivalent in RTGS$ or any other currency using the prevailing bank rate.
Supreme Court judge Justice Bharat Patel sitting with Deputy Chief Justice Elizabeth Gwaunza and acting judge of appeal Justice Martin Makonese on circuit in Bulawayo ordered MDC-T to pay Security Mills R4,5 million together with 5 percent interest calculated from April 2008 to the date of final payment.
Khupe controversially claimed the reigns of the MDC-T which was led by the founding President of the opposition party Morgan Tsvangirai. In a court plea, Khupe claimed custody of the party and got herself elected leader of the party in a congress held in Bulawayo in 2017.
She cunningly disposed off people’s favourite Nelson Chamisa to the helm of the party. Chamisa eventually assumed leadership of a new set up the MDC Alliance in the run up to the 2018 elections. The party has since integrated the alliance partners to establish the MDC which Chamisa is leading.
State Media/ ZimEye.com