Expelled MDC MPs’ appeal dismissed

Bulawayo High Court judge Justice Maphios Cheda yesterday dismissed with costs an urgent application by three MDC Members of the House of Assembly who were seeking a review of their expulsion from the party.

The three, Mr Abednico Bhebhe (Nkayi South), Mr Njabuliso Mguni (Lupane East) and Mr Norman Mpofu (Bulilima East) and Mr Alex Goosen, a member of the national executive council were expelled from the party three weeks ago.

They applied for an interdict barring Parliament from declaring their seats vacant.

But Justice Cheda who had reserved judgment last week said the reasons for his decision would follow later.

In a brief ruling in his chambers, Justice Cheda said Mr Joseph James had valid points that he advanced during the application, adding that “there was no need to hear the merits of the case”.

Mr James, of James, Moyo-Majwabu and Nyoni Legal Practitioners was representing the chairman of the MDC national disciplinary committee, Mr Lyson Mlambo and the MDC who were the first and second respondents respectively.

The Senior Public Prosecutor for the Western Division, Mrs Martha Cheda, represented the Speaker of Parliament, Mr Lovemore Moyo, and the Clerk of Parliament, Mr Austin Zvoma, who were the third and fourth respondents respectively.

In his submissions, Mr James had argued that the matter was not urgent as the MPs and Mr Goosen had already been expelled from the party and had been de-registered.

He further argued that what the applicants were seeking was that the court review the decision of the disciplinary hearing and set aside the decision.

Mr James submitted that Section 41 (1) (e) of the Constitution of Zimbabwe clearly states that once a political party has written a letter to the Speaker stating that an MP has been expelled, he ceases to represent that particular party in Parliament.

He urged the court to dismiss the urgent chamber application, saying what the applicants were doing was a “back-door attempt” to be re-instated.

It was his contention that the quartet had not exhausted domestic remedies as they have a right to appeal as provided for in the MDC constitution.

Mr Thamsanqa Khumalo, of Khumalo and Company Attorneys representing the applicants said he accepted the court’s decision and would wait for further instructions from his clients whether to appeal to the Supreme Court.

The MDC on Wednesday gave Mr Moyo until Tuesday to issue a notice confirming that expelled party officials were no longer Members of Parliament warning they would institute corruption charges against the Speaker if he failed to comply.

Addressing a Press conference after an extra-ordinary national council meeting in Harare, MDC secretary general Professor Welshman Ncube said there was no reason, in the absence of a court order setting aside the party’s decision to expel the “rogue” MPs, why Mr Moyo should not cause the publication of the notice of ejection of the trio from Parliament.

MDC secretary for defence, Job Sikhala — who has since declared himself the new interim leader of the party — was suspended.

A party disciplinary committee found the MPs guilty of indiscipline after satisfying itself that they had actually campaigned for the MDC formation led by Prime Minister Morgan Tsvangirai.

The party wrote to Parliament last month informing the Speaker of the decision to expel the MPs in terms of Section 41 of the Constitution but the Speaker of Parliament is yet to act. Source: The Herald

Did you find this information helpful? If you did, consider donating to fund our operations.