News / National
Expelled MDC MPs fight expulsion from parliament at High Court
14 May 2013 at 03:45hrs | Views
THREE House of Assembly members and two from the Senate who recently defected from the Professor Welshman Ncube-led MDC have filed a High Court application seeking to bar Parliament from expelling them and declaring their constituencies vacant.
The five base their contestation on the two pending Supreme Court appeals to determine the legitimate MDC leader between Prof Ncube and Prof Arthur Mutambara.
Deputy Speaker of the House of Assembly Nomalanga Khumalo, who represents Umzingwane, Thandeko Mnkandhla of Gwanda North, Maxwell Dube of Tsholotsho South, together with senators Kembo Dube (Umzingwane) and Dalumuzi Khumalo (Lupane) claim they got into office on the ticket of the MDC led by Prof Mutambara. They argue that the Prof Ncube-led MDC has no power to call for their removal from Parliament.
The five reportedly crossed the floor from the party to join MDC-T, a development that resulted in Mrs Priscilla Misihairabwi-Mushonga writing to the Speaker of the House of Assembly Mr Lovemore Moyo and the Senate president Cde Edna Madzongwe.
She advised the two that the five legislators were no longer their members and that they should cease operating as MPs for their respective areas.
Mrs Misihairabwi-Mushonga wants the responsible Parliament authorities to declare the five constituencies vacant. Mr Moyo and Ms Madzongwe have not yet acted on the letters and the legislators seek to bar them from doing so on the basis that they belonged to the MDC led by Prof Mutambara.
The legislators, who are being represented by Mr Obey Shava of Mbidzo Muchadehama and Makoni, argue that no one has a legal right to end their terms of office before the Supreme Court pronounces the legitimate MDC leader in the two pending cases before it.
The case deals with contestations on the legitimacy of the MDC congress that resulted in the election of Prof Ncube as party president. If Prof Ncube's election is confirmed by the Supreme Court, then the five could be expelled from Parliament, but if the Supreme Court rules otherwise, they would remain as legislators.
Mrs Misihairabwi-Mushonga, Mr Moyo and Cde Madzongwe were cited as respondents in the court application and they were still to respond.
The five base their contestation on the two pending Supreme Court appeals to determine the legitimate MDC leader between Prof Ncube and Prof Arthur Mutambara.
Deputy Speaker of the House of Assembly Nomalanga Khumalo, who represents Umzingwane, Thandeko Mnkandhla of Gwanda North, Maxwell Dube of Tsholotsho South, together with senators Kembo Dube (Umzingwane) and Dalumuzi Khumalo (Lupane) claim they got into office on the ticket of the MDC led by Prof Mutambara. They argue that the Prof Ncube-led MDC has no power to call for their removal from Parliament.
The five reportedly crossed the floor from the party to join MDC-T, a development that resulted in Mrs Priscilla Misihairabwi-Mushonga writing to the Speaker of the House of Assembly Mr Lovemore Moyo and the Senate president Cde Edna Madzongwe.
She advised the two that the five legislators were no longer their members and that they should cease operating as MPs for their respective areas.
Mrs Misihairabwi-Mushonga wants the responsible Parliament authorities to declare the five constituencies vacant. Mr Moyo and Ms Madzongwe have not yet acted on the letters and the legislators seek to bar them from doing so on the basis that they belonged to the MDC led by Prof Mutambara.
The legislators, who are being represented by Mr Obey Shava of Mbidzo Muchadehama and Makoni, argue that no one has a legal right to end their terms of office before the Supreme Court pronounces the legitimate MDC leader in the two pending cases before it.
The case deals with contestations on the legitimacy of the MDC congress that resulted in the election of Prof Ncube as party president. If Prof Ncube's election is confirmed by the Supreme Court, then the five could be expelled from Parliament, but if the Supreme Court rules otherwise, they would remain as legislators.
Mrs Misihairabwi-Mushonga, Mr Moyo and Cde Madzongwe were cited as respondents in the court application and they were still to respond.
Source - herald
