Constitutional Law expert, Professor Lovemore Madhuku has said that the recalling of four MDC Alliance MPs from Parliament was in accordance with the Constitution.
He said the remarks on Twitter in response to questions by Open Parly who wanted to know the legality of the move.
Madhuku who was representing Thokozani Khupe in the MDC stewardship case which she eventually won said:
The MPs were recalled in terms of section 129(1)(k) of the Constitution. That section refers to “a political party of which he or she was a member when elected”. Parliament proceeded on the basis that party concerned is the MDC and not MDC ALLIANCE. Only a court can reverse.
His remarks come when MDC members aligned to Nelson Chamisa are saying that the recalling of the legislators is a political move by the ruling ZANU PF.
They said that Thokozani Khupe who was reinstated by the Supreme Court as the leader of the opposition MDC has no authority to “recall legislators who belong to MDC Alliance since she was reinstated as the leader of the MDC-T.”
Douglas Mwonzora, the reinstated MDC-T Secretary-General says the recalled members had “expelled themselves from the MDC-T, the party they belonged to which joined the MDC Alliance in 2018 and for the purposes of that year’s elections,” therefore they had to be recalled.
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It seems that there is no rule of law in Zimbabwe if mps can be given to any loosing party thru a court rulling. Our courts and parliament are compromised. How can it be legal for MDC T to recall MDC Alliance MPs? How can the parliament enforce such stark illegality? I hope the President will stop this stark madness and censure the speaker of parliament who is being used to fight private personal wars. The speaker of parliament must be removed as the man’s reasoning capacity has been compromised. He is supposed to know an illegal request and refuse to enforce it in parliament. Khuphe as MDC T failed to get even one seat for herself and followers. Before elections the courts gave her leadership of the party MDC T and she failed dismimally to ganner enough support to make it to the parliament. Chamisa at last minute formed MDC Alliance which was constitutionally recognised by ZEC, all parties including Zanu Pf and govt including the highest courts as a seperate entitity and independant party from MDC T led by Khuphe. The current ruling by the court that Khuphe is the legitimate care taker – leader of MDC T cements what the courts had already established before elections. It boggles the mind that MDC T can now claim ownership of MDC Alliance and the speaker of parliament goes to enforce such illegality and seemingly with the support of the govt. What a crazy world!! The President must stop this charade if it cares about its rule of law image to the international image. Legally according to Zimbabwe constitution recalling og MPs is the prerogative of the party to which those MPs belong to. NO COURT HAS AUTHORITY TO GIVE MPS OF A CERTAIN PARTY TO A FAVOURED PARTY AND DEEM IT LEGAL.. I dont support MDC T or ALLIANCE as I also dont support Chamisa for refusing to accept the President as the legal president of Zimbabwe but the rule of law must prevail. Such scewed reasoning exposes our govt to redicule. The only court ruling that can benefit the is current court rulling for Khuphe is that all assets ie finance, buildings,cars etc as at before the formation of MDC Aliance now belong to KHUPHE’s party incuding temp leadership until congress. The MDC Alliance must hand everything as at the cut offy date of formation of the Alliance. Period. Whatever the Alliance in terms of finance and property acquired remains the property of MDC Alliance including the MPs voted under the Alliance. MDC T CAN NOT AND WILL NEVER INHERIT THE MDC ALLIANCE MPS THROUGH A COURT ORDER. THAT WOULD BE HIGHLY ILLEGAL AND SENSELESS FOR ANY ARM OF LAW TO ENFORCE.
Nyika yakaora iyi,kuora chaiko