Five former Movement for Democratic Change – Tsvangirai (MDC-T) workers, who obtained arbitral awards against their former employer in February this year have petitioned the High Court seeking a garnishee order arguing that despite the judgement, the party has failed to pay them US$222 436.00 terminal benefits.
The five Tafadzwa Chakanyuka, Aleck Tabe, Geraldine Sibanda, Wilson Box, Lawrence Paganga said the opposition party had advised them that it intends to pay them from the government grant to be disbursed in terms of the Political Parties Act.
According to court papers, the Minister of Finance and Economic Development and the Movement for Democratic Change – Tsvangirai have been cited as respondents.
In his founding affidavit, Chakanyuka said MDC’s movable or immovable properties are unknown hence they cannot instruct the Sheriff to attach anything.
“This is an application for a garnishee order against the second respondent (Movement for Democratic Change-Tsvangirai). The applicants obtained court orders against the second respondent and filed writs of execution against movable property.
“The specific details of second respondent’s movable and immovable property, if any are unknown to the applicants hence the applicants cannot instruct the sheriff to attach the second respondent’s movable or immovable properties.
“In the event that the applicants find movable or immovable property belonging to the second respondent, the amounts realised from the said property or properties may not be sufficient to cover the debt for all applicants.
Chakanyuka indicated that, MDC’s legal representatives advised them that they intend to pay them from the government grants in terms of the Political Parties Act.
“On 26 April 2019, the second respondent’s legal representatives, wrote a letter indicating the second respondent’s intention to pay the applicants from their government grant to be disbursed in terms of the Political Parties Act chapter (2:11) as soon as it is availed to the second respondent. In the same vein all other applicants should be paid in terms of the grant.
“To secure payment of the said money to the applicants, the applicants have therefore approached this honourable court seeking a garnishee order against the second respondent’s bank account and EcoCash merchant account or any other account to which the second respondent’s funds are disbursed.
“In view of the foregoing, I humbly pray that an order for the attachment and deduction of the amount due to the second respondent in term of the political parties finance act be granted so that an amount of US$222 436.00 is paid to the applicants with effect from the date of granting this order until judgement debt together with interest and legal costs to be taxed has been satisfied.”
The matter is still pending.