The Supreme Court will today determine the MDC-Alliance’s appeal against the High Court’s May judgment which ruled that the outfit is not a legal person with the capacity to sue or be sued.
The appeal will be heard by Deputy Chief Justice Elizabeth Gwaunza, sitting with Justice Tendai Uchena and Justice Samuel Kudya.
This comes as 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.
Justice Chitapi considered that evidence brought before the court indicated that the MDC-A was a coalition of political parties, with the status of a political party under the Electoral Act, but without legal standing as a person.
In the absence of such requirements as a decision to be legally incorporated as a voluntary organisation, or corporate, the MDC-A falls short as a political party.
By definition, the Justice Chitapi conceded, the MDC-A might be called a political party in terms of the Electoral Act, but found that there were no written instruments governing how the party was constituted or operated.
The agreement, Justice Chitapi ruled, constituted the parties’ entire agreement to the alliance, but did not spell out the legal status of the MDC-A.