17 Judgment No. CCZ 3/18 Constitutional Application No. CCZ 15/18 It is axiomatic that the interdict is for the protection of an existing right. There has to be proof of the existence of a prima facie right. It is also axiomatic that the prima facie right is protected from unlawful conduct which is about to infringe it. An interdict cannot be granted against past invasions of a right nor can there be an interdict against lawful conduct. Airfield Investments (Pvt) Ltd v Minister of Lands & Ors 2004 (1) ZLR 511 (S); Stauffer Chemicals v Monsato Company 1988 (1) SA 895; Rudolph & Another v Commissioner for Inland Revenue & Others 1994 (3) SA 771.’ The applicant accepted in the founding affidavit that the respondent acted lawfully in enforcing the obligation to pay the tax notwithstanding the noting by it of the appeal to the Fiscal Appeal Court against the correctness of the assessment. It did not allege any unlawful conduct on the part of the respondent which would justify the granting of an interdict. It also accepted that at the time the respondent put in place measures to collect the tax, the provisions of ss 36 of the VAT Act and 69(1) of the Income Tax Act were binding on it. That means that the applicant had no prima facie right in existence at the time not to pay the amount of tax it was liable to pay to the fiscus. Sections 36 of the VAT Act and 69(1) of the Income Tax Act protect a duty, not a right.” See also Judicial Service Commission v Zibani and Others SC 68/17. As correctly submitted by Mr Kanengoni, the proclamation can only be challenged after it is made and the challenge can only be on the ground that it has not complied with the relevant provisions of the Constitution. The applicants also allege as follows: “13. In terms of the Constitution of Zimbabwe, Chapter 4, Part 2, section 67(4) states that ‘… for the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties’ meaning all political parties administered by the Zimbabwe Electoral Commission and this includes the applicants. 14. The applicants have never been allocated such funding to promote multi-party democracy to enable them to prepare and effectively participate in the forthcoming General Elections, as is enshrined in the esteemed Constitution of the land, despite having participated in several elections.