Gonese says law on MP suspensions faulty

Parliament this week suspended two MDC MPs Mathias Matewu Mlambo, Chipinge East MP and Shuah Mudiwa, Mutare West MP.

Mlambo was recently jailed on trumped-up charges for obstructing justice and inciting political violence while Mudiwa was also jailed on false charges of kidnapping a 12 year old girl in 2007.

Mlambo and Mudiwa, who are currently out of prison after appealing against both the conviction and sentence, were served with the suspension letters by the clerk of parliament, Austin Zvoma.

Mlambo was sentenced to an effective seven months in imprisonment for obstructing the course of justice and inciting violence at a funeral of an MDC activist in Chipinge in April.

In the letters of suspension signed by Zvoma, Mlambo and Mudiwa were suspended in line with provisions of the Constitution of Zimbabwe.

“We have been advised that you have noted an appeal with the Supreme Court within the prescribed 30 days and that you are currently out on bail pending appeal. In terms of Section 42 (2) the question whether you should vacate your seat shall therefore not be determined until the abandonment or final disposal of such appeal,” Zvoma wrote.

“Accordingly, I hereby notify you of your suspension from the membership of Parliament with immediate effect,” he wrote.

However, the MDC secretary for legal and parliamentary affairs, Innocent Gonese said the conviction of Mlambo and Mudiwa on the trumped-up charges was politically motivated to reduce the number of MDC MPs in Parliament.

“Apart from Mlambo and Mudiwa and Meki Makuyana of Chipinge South have been convicted and sentenced to terms of imprisonment in excess of six months to ensure that they are prevented from attending parliament,” said Gonese. 

“There is therefore a need to revisit the provisions of Section 41 of the constitution which purport to deprive a member of parliament of his or her rights as an elected representative of the people where he or she has noted an appeal. Equally it deprives constituencies of representation in circumstances where the conviction may be set aside or the sentence reduced to less than six months,” he said.