News / National
Chamisa's VP, MPs challenge Parly expulsion
10 Jun 2021 at 01:48hrs | Views
SEVEN MDC Alliance MPs led by party vice president Lynette Karenyi-Kore have approached the High Court challenging their expulsion from the house on the advice of MDC-T leader Douglas Mwonzora .
The seven are Karenyi-Kore, Dorcas Sibanda, Consilia Chinanzvavana, Susan Matsunga, Prince Dubeko Sibanda, Unganai Dickson and Eric Murai.
The former MPs were elected as MDC Alliance legislators during the 2018 elections but got recalled from the national assembly by the MDC-T faction of the main opposition which was declared the legitimate MDC by the Supreme Court when the party split into two bitter factions last year.
In their application, the MPs argued their recall and subsequent expulsion from parliament was illogical.
"This is an application for a declarator seeking to declare as null and void and therefore set aside the purported termination of applicants' membership of the National Assembly," said Karenyi in a founding affidavit also filed on behalf of other applicants.
She added, "More particularly, the applicants seek a declarator to the effect that the respondent's action in purporting to notify parliament that applicants were no longer members of the MDC-T party and no longer represent MDC-T in parliament was wrongful, unlawful and invalid."
Karenyi said parliament erred in accepting and effecting their expulsion while taking instructions from Mwonzora and not from MDC Alliance which sponsored them at the time in question.
The MPs also said having dealt with them for two and half years as MDC, he was stopped and barred from treating them any differently or giving them any label or name without due process.
"Had he been acting objectively without malice, bias or ill motive, he would have acted upon, effected glaringly unlawful declaration.
"Assuming it (MDC-T) had a right to recall us, which we deny, it expelled us without due process and without complying with the provisions of any law," said Karenyi.
Cited as respondents in the court application are Mwonzora, Speaker of the National Assembly and parliament.
The seven prayed for a ruling setting aside the order the Speaker of the National Assembly and that the declaration.
They also prayed for an order of costs on attorney client scale.
The matter is yet to be heard.
The seven are Karenyi-Kore, Dorcas Sibanda, Consilia Chinanzvavana, Susan Matsunga, Prince Dubeko Sibanda, Unganai Dickson and Eric Murai.
The former MPs were elected as MDC Alliance legislators during the 2018 elections but got recalled from the national assembly by the MDC-T faction of the main opposition which was declared the legitimate MDC by the Supreme Court when the party split into two bitter factions last year.
In their application, the MPs argued their recall and subsequent expulsion from parliament was illogical.
"This is an application for a declarator seeking to declare as null and void and therefore set aside the purported termination of applicants' membership of the National Assembly," said Karenyi in a founding affidavit also filed on behalf of other applicants.
She added, "More particularly, the applicants seek a declarator to the effect that the respondent's action in purporting to notify parliament that applicants were no longer members of the MDC-T party and no longer represent MDC-T in parliament was wrongful, unlawful and invalid."
Karenyi said parliament erred in accepting and effecting their expulsion while taking instructions from Mwonzora and not from MDC Alliance which sponsored them at the time in question.
"Had he been acting objectively without malice, bias or ill motive, he would have acted upon, effected glaringly unlawful declaration.
"Assuming it (MDC-T) had a right to recall us, which we deny, it expelled us without due process and without complying with the provisions of any law," said Karenyi.
Cited as respondents in the court application are Mwonzora, Speaker of the National Assembly and parliament.
The seven prayed for a ruling setting aside the order the Speaker of the National Assembly and that the declaration.
They also prayed for an order of costs on attorney client scale.
The matter is yet to be heard.
Source - newzimbabwe
