The High Court has dismissed an application by the National Unity Platform (NUP) that sought to stop the government and the Electoral Commission from excluding it from statutory political funding.
In a ruling delivered by Justice Collins Acellam, the court declined to issue an interim injunction against the Attorney General and the Electoral Commission. The injunction would have halted the implementation of a directive by the Minister of Justice and Constitutional Affairs dated August 25, 2025, which limited political party funding to members of the Inter-Party Organisation for Dialogue (IPOD).
NUP had petitioned the court, describing the directive as unconstitutional, discriminatory, and an abuse of administrative power. The party argued that the decision unfairly deprived it of funding despite its representation in Parliament and compliance with all legal requirements.
Through its Secretary General, David Lewis Rubongoya, NUP said the government’s action would paralyze its operations and cause “irreparable harm” to its political activities.
However, Justice Acellam ruled that the application failed to meet the legal threshold for granting an interim injunction. He agreed with the Attorney General’s argument that the matter was overtaken by events since the Electoral Commission had already disbursed the funds to political parties that are members of IPOD.
The judge emphasized that the Political Parties and Organisations (Amendment) Act, 2025, explicitly links access to government funding with active membership in IPOD.
“The applicant’s motion has been overtaken by events and does not meet the threshold for the grant of an interim order,” Justice Acellam stated, dismissing the application with costs.
He noted that NUP had “at all material times denounced and shunned” IPOD and therefore could not benefit from the statutory disbursements made under the amended law.
With the ruling, the court effectively upheld the government’s directive restricting political funding to IPOD member parties.
NUP’s substantive case challenging the constitutionality of the 2025 amendments to the Political Parties and Organisations Act is still pending before the High Court.
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