Biti And 5 Other Recalled MDC Alliance MPs Win Court Challenge
Tendai Biti and 5 other MDC Alliance who were recalled by the rival MDC-T have won their court challenge barely hours before the Nomination Court for by-elections to elect their replacements. High Court judge Justice Tawanda Chitapi ruled that their recall was illegal.
The reinstatement followed another judgment by Justice Martin Mafusire last year, who ruled that Rukanda was not a legitimate member of the PDP. Rukanda then appealed against Justice Mafusire’s judgment.
The Zimbabwe Electoral Commission announced that there are no vacancies in the Nkulumane, Mbizo, Kambuzuma, Mutasa South, Pumula and Harare East National Assembly Constituencies constituencies following the court outcome.
Biti, the MP for Harare East; William Madzimure of Kambuzuma; Chikwinya of Mbizvo; Kucaca Ivumile Phulu of Nkulumane; Sichelesile Mahlangu of Pumula and Regai Tsunga of Mutasa South were expelled based on a 2020 Supreme Court ruling.
The Supreme ruling said MDC Alliance was not a single party but a coalition of 7 parties, and that each party in the coalition, including the PDP, could recall MPs elected on the Alliance ticket.
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Commenting on the development, Alex Tawanda Magaisa, a former Chief in the office of a former Prime Minister, the late Morgan Tsvangirai, said the court outcome could be a strategy by the ruling ZANU PF to cause problems in the newly formed Citizens’ Coalition for Change (CCC) led by Nelson Chamisa.
The UK-based law expert said the development doesn’t do CCC any favours at all. Magaisa said:
It is that the 6 MPs will remain in parliament as the PDP element of the old MDC Alliance. Yet, CCC has just launched as a new entity.
He added that it will be awkward for CCC to have members that are also still identified as MDC Alliance or PDP formed by Tendai Biti.
