The Sunday News
Richard Muponde
MDC-T is eagerly awaiting judgment in the R4 million lawsuit in which the party was dragged to court for failing to pay two Bulawayo firms for campaign regalia reportedly used in the 2008 harmonised elections.
Justice Maxwell Takuva in June this year indefinitely reserved judgment in the matter to allow the two parties’ lawyers, Advocate Richard Fitches for the two firms, Cabal Trade Finance (Pvt) Ltd and Security Mills (Pvt) Ltd and Mr Douglas Mwonzora for MDC-T to file their written submissions by 14 August. However, he is still to deliver his judgment in the matter.
Mr Mwonzora last week confirmed to Sunday News that the judgment was not yet out.
“We are eagerly waiting for it. The judge is still to deliver his judgment. However, we have since submitted our written closing submission as was requested by the judge,” said Mr Mwonzora.
When the court adjourned three months ago, one of the complainants, Mr Laurence Zlattner for Security Mills, had implicated Econet Wireless founder Mr Strive Masiyiwa as one of the funders of the opposition MDC-T led by Mr Morgan Tsvangirai, after it emerged in court that he pledged to pay $1 million for the party’s 2008 harmonised elections campaign regalia.
Mr Masiyiwa, who has not been in the country since 2000 — a year after MDC-T was formed has constantly denied links to the party.
Mr Zlattner broke the news in his evidence-in-chief before Justice Takuva during the trial where MDC-T is being accused of refusing to pay over R4 million for t-shirts, wrappers and bandanas which were reportedly used during the Presidential run-off campaign.
Mr Zlattner, who was being cross examined by his lawyer, Advocate Fitches, said officials from an MDC-T support group, Zimbabwe Democracy Now — fronted by the opposition party’s former security advisor, Mr Simon Spooner — told him that Mr Masiyiwa had promised to fund the printing of the regalia.
His testimony preluded that of MDC-T treasurer general, Mrs Theresa Makone who denied that her party authorised Bulawayo South legislator Mr Eddie Cross to order regalia worth over R4 million for the 2008 presidential run-off, arguing that at the time the orders were made the party already believed that its leader, Mr Tsvangirai, was going to State House.
Mrs Makone was testifying in defence of the opposition party.
The two firms were placed under judicial management by the Bulawayo High Court after reportedly accruing a combined debt of R4 627 863, 93 for printing the MDC-T regalia.
In her testimony under oath, Mrs Makone said a look at the invoices issued out by Cabal Trade Finance revealed that the regalia was for the first election of 29 March 2008 which was paid for and the party could not have made another order for a run-off before the main elections were held. She said even after the elections, her party could not have ordered the material as they could not have foreseen a run-off since results had not been announced and Mr Tsvangirai had also set his eyes on State House.
The two firms allege that Mr Cross and the party’s former security advisor, Mr Spooner, entered into an oral contract with the companies and ordered election regalia for the party sometime in March 2008. The order was for the manufacture and supply of 200 000 t-shirts and bandanas. Mr Cross and Mr Spooner allegedly made an undertaking to pay as MDC-T agents, but they defaulted prompting the companies to take them to court.
Initially another judge, Justice Lawrence Kamocha, had dismissed the two firms claim after he upheld the MDC-T’s defence that Mr Cross and Mr Spooner did not have “express authority” to enter into a contract with the manufacturing companies.
However, the companies appealed to the Supreme Court where the matter was referred back to the High Court for trial by deputy Chief Justice Luke Malaba sitting with Justices Ann-Mary Gowora and Yunnus Omerjee after they set aside Justice Kamocha’s ruling.
