News / Local
Court to rule on Biti recall from Parliament
28 Apr 2021 at 06:12hrs | Views
MDC-Alliance vice president Tendai Biti and five other party legislators will know their fate today when the High Court is expected to decide whether or not their recall from Parliament is valid.
This comes after Benjamin Rukanda, a man suing as the acting secretary general of the People's Democratic Party (PDP), last week approached the court seeking to stop the return of six legislators to the August House.
Biti, the legislator for Harare East, William Madzimure (Kambuzuma), Settlement Chikwinya (Mbizo), Kucaca Ivumile Phulu (Nkulumane), Sichelesile Mahlangu (Pumula) and Regai Tsunga (Mutasa South), lost their parliamentary seats after their expulsion from parliament last month at the behest of Rukanda who wrote to the Speaker of the National Assembly advising that the PDP had recalled them.
The hearing had been slated for yesterday, but Justice Tawanda Chitapi deferred the matter to today, to allow Rukanda's legal counsel to consider some cases cited on preliminary points raised by the lawmakers' counsel.
Rukanda approached the High Court on an urgent basis after the same court's ruling two weeks ago stating that he was illegitimate and the supposed recalls were consequently unlawful.
In his application, Rukanda argued that he was not served with the application by the six lawmakers, resulting in Justice Amy Tsanga granting a default judgment against him.
Advocates Sylvester Hashiti and Tonderai Bhatasara are representing Biti and company, while Mr Simon Simango is acting for Rukanda.
This comes after Benjamin Rukanda, a man suing as the acting secretary general of the People's Democratic Party (PDP), last week approached the court seeking to stop the return of six legislators to the August House.
Biti, the legislator for Harare East, William Madzimure (Kambuzuma), Settlement Chikwinya (Mbizo), Kucaca Ivumile Phulu (Nkulumane), Sichelesile Mahlangu (Pumula) and Regai Tsunga (Mutasa South), lost their parliamentary seats after their expulsion from parliament last month at the behest of Rukanda who wrote to the Speaker of the National Assembly advising that the PDP had recalled them.
The hearing had been slated for yesterday, but Justice Tawanda Chitapi deferred the matter to today, to allow Rukanda's legal counsel to consider some cases cited on preliminary points raised by the lawmakers' counsel.
Rukanda approached the High Court on an urgent basis after the same court's ruling two weeks ago stating that he was illegitimate and the supposed recalls were consequently unlawful.
In his application, Rukanda argued that he was not served with the application by the six lawmakers, resulting in Justice Amy Tsanga granting a default judgment against him.
Advocates Sylvester Hashiti and Tonderai Bhatasara are representing Biti and company, while Mr Simon Simango is acting for Rukanda.
Source - the herald
