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BREAKING: Fresh headache for Thokozani Khupe...swearing in challenged at court
06 Oct 2020 at 18:51hrs | Views
MDC-T Acting President Thokozani Khupe has suffered a setback after her much hyped swearing in ceremony as a Member of Parliament was challenged by one Charles Madhiwa who took the matter to the High Court.
Madhiwa is seeking the following order to be granted:
That the Respondents shall show cause, if any, why a final order should not be granted in the following terms:
1. That the provisional relief granted be and is hereby confirmed:
2. That Government Notice 2553 of 2020 is declared to be inconsistent with section 157(1)8d) of the Constitution of Zimbabwe, in that it purported to award seats in Parliament said to be vacant to the Sixth to Twentieth Respondents as nominees of MDC-T without ensuring that those nominated by MDC-T and appointed by ZEC were members of another political party MOC ALLIANCE, whose members had won and held those seats; and accordingly that Government Notice 2553 of 2020 and ail appointments announced therein are null, void and of no legal force or effect:
3. That it is declared that the Electoral Law is invalid and of no force or effect to the extent, if any, that it allows any vacancy in Parliament occurring in any seat filled under its system of proportional representation to be filled by persons who do not belong to the same political party as those who previously held the seat, in violation of section 157(1)(d) of the Constitution of Zimbabwe:
4. That it Is further declared that the ZIMBABWE ELECTORAL COMMISSION and the CHAIRPERSON OF THE ZIMBABWE ELECTORAL COMMISSION acted unreasonably and unlawfully by purporting to appoint persons nominated by MDC- T to Parliamentary seats which it had announced itself in 2018 had been won by members of MDC ALLIANCE, being a different political party, and which were held by those persons;
5. That it is declared that when any vacancy occurs in a seat which is filled under the system of a proportional system, then the ZIMBABWE ELECTORAL COMMISSION can only invite nominations to fill it from the party which had sponsored the person who had held that seat: and
6. Any Respondent who has opposed this Application shall pay Applicants' costs jointly and severally, the one paying the others to be discharged, on the higher scale.
Madhiwa is seeking the following order to be granted:
That the Respondents shall show cause, if any, why a final order should not be granted in the following terms:
1. That the provisional relief granted be and is hereby confirmed:
3. That it is declared that the Electoral Law is invalid and of no force or effect to the extent, if any, that it allows any vacancy in Parliament occurring in any seat filled under its system of proportional representation to be filled by persons who do not belong to the same political party as those who previously held the seat, in violation of section 157(1)(d) of the Constitution of Zimbabwe:
4. That it Is further declared that the ZIMBABWE ELECTORAL COMMISSION and the CHAIRPERSON OF THE ZIMBABWE ELECTORAL COMMISSION acted unreasonably and unlawfully by purporting to appoint persons nominated by MDC- T to Parliamentary seats which it had announced itself in 2018 had been won by members of MDC ALLIANCE, being a different political party, and which were held by those persons;
5. That it is declared that when any vacancy occurs in a seat which is filled under the system of a proportional system, then the ZIMBABWE ELECTORAL COMMISSION can only invite nominations to fill it from the party which had sponsored the person who had held that seat: and
6. Any Respondent who has opposed this Application shall pay Applicants' costs jointly and severally, the one paying the others to be discharged, on the higher scale.
Source - Byo24News
