MDC Renewal MPs lose ConCourt case

HARARE – A bid by 21 members of the breakaway MDC Renewal Team to challenge their expulsion from Parliament has hit a brick wall after the Constitutional Court threw out their application.

The court found no fault on the actions of Speaker of Parliament Advocate Jacob Mudenda and Senate president Edna Madzongwe in announcing the 21 vacancies.

Mudenda had scoffed at the application saying it was devoid of merit and should be dismissed with costs on a higher scale. He argued that the former MDC-T MPs “knew, or must have known, or should have known, or ought to have known” that the natural and probable consequences of them receiving the letter(s) of expulsion from a political party was to be followed by the concerned members’ recall from Parliament.

“All these important events have already taken place and what is now left for the applicants is simply to accept his/her fate, because, to use the language of a rancher, the horse has already bolted out of the pen, and to use Shakespearean language, it is a high-sounding application, but signifying nothing or, to use biblical language, this application is no more than a noisy gong or a clanging bell which will not produce the desired results.

“On or about the 4th day of March the first applicant (Willias Madzimure) received a letter from MDC-T expelling him from the party and instead of rushing to court to protect his or their alleged fundamental rights, he or they went to Tendai Biti,” Mudenda said.

“The first applicant/applicants did nothing to interdict the announcement, let alone the publication of the Government Gazette, perhaps being content on discussing the matter with Tendai Biti.

“On or about March 6, I received a letter from the secretary-general of the MDC-T recalling the applicants from Parliament, around or about the same time the local news media was awash with the news that I was to make an announcement on the fate of the applicants vis-à-vis their seats in the National Assembly, again instead of rushing to court to protect his alleged fundamental rights, the first applicant went to see Biti,” Mudenda said.

The MDC-T bid to recall the MP’s who broke away from the party was re-launched following Zanu PF’s own successful application to the speaker to expel former Headlands and Hurungwe West legislators, Didymus Mutasa and Temba Mliswa.

The Tsvangirai MDC recalled former secretary general Tendai Biti (Harare East Constituency), Willias Madzimure (Kambuzuma), Paul Madzore (Glen View South), Solomon Madzore (Dzivarasekwa), Lucia Matibenga (Kuwadzana West), Samuel Sipepa Nkomo (Lobengula), Reggie Moyo (Luveve) and Evelyn Masaiti.

Also recalled were Bekithemba Nyathi (Mpopoma/Pelandaba), Moses Manyengavana (Highfield West), Albert Mhlanga (Pumula), Roseline Nkomo (Tsholotsho North), Settlement Chikwinya (Mbizo), Judith Muzhavazhe and Gorden Moyo (Makokoba).

The MDC-T also recalled three senators namely Sekai Holland (Chizhanje), Rorana Muchihwa (Chikomo) and Watchy Sibanda (Matabelaland South).