Report by Yeukai Karengezeka
MDC-Alliance legislators Chalton Hwende, Prosper Mutseyami and Thabita Khumalo who were recently ousted from the Parliament have approached the High Court seeking nullification of their “unjust” expulsion.
The trio’s membership of Parliament was terminated by the Speaker Jacob Mudenda on May 5 acting on a letter purportedly written by Mwonzora for and on behalf of MDC-T led by Thokozani Khupe in line with Section 129 (1)(k) of the Constitution of Zimbabwe.
Respondents in the matter are the Speaker of the National Assembly, Parliament of the Zimbabwe, Douglas Mwonzora, Thokozani Khupe and Movement for Democratic Change- Tsvangirai(MDC-T).
In the application, the legislators are seeking for a declaratur that nullifies their expulsion from the parliament arguing that the speaker acted unlawfully in accepting an instruction from a political party, they did not belong to at the time of the 2018 elections.
“This is an application for a declaratur seeking to set aside our expulsion and termination from Parliament. More particularly, we seek a declaratur to the effect that the 1st Respondent’s(Speaker of Parliament) actions on the 5th of May 2020 were wrongful and unlawful.
“The Speaker exercised a quasi judicial function under circumstances where he unlawfully failed to hear us or respect our due process rights,” reads the application.
They also pray for the setting aside the 3rd of April 2020 letter that led to their expulsion as the act by the MDC-T was unlawful.
Hwende in his founding affivadit further contends that Mwozora had no authority to write them a letter as his term as the secretary general of the then MDC party expired in October 2019.
He added that MDC-T expelled them without due process and without complying with the provisions of any law or its own purported Constitution.
It also purported to exercise jurisdiction over the trio when they are members of the MDC Alliance.
Before the latest development, Hwende was the MP for Kuwadzana East Constituency while Chapfiwa was leading the Dangamvura-Chikanga Constituency in Manicaland and Khumalo for the Bulawayo Electoral Constituency.
The matter is still pending.