Hlalo goes to court over expulsion

Mashudu Netsianda Senior Court Reporter
EXPELLED MDC-T Senator Matson Hlalo has taken his party and its president Morgan Tsvangirai to court challenging his expulsion from the Senate.

Hlalo was last month fired from the opposition party and subsequently recalled from parliament following the MDC-T’s resolution to sack him for allegedly defying a directive not to go to court over party matters without first exhausting internal processes.

The expelled senator fell out of favour with Tsvangirai after he went to court in 2014 seeking the nullification of the election of Bulawayo deputy mayor, Gift Banda, as the party’s Bulawayo provincial chairperson and that matter is still pending before the courts.

Yesterday, Hlalo filed an urgent chamber application at the Bulawayo High Court citing the MDC-T, Tsvangirai, the president of the Senate, Edna Madzongwe and the Clerk of Parliament, Kennedy Chokuda as the respondents.

In his founding affidavit, Hlalo, who is being represented by Godfrey Nyoni, said his expulsion from the Senate was illegal in terms of the MDC-T’s constitution.

He said after appealing against his expulsion from the MDC-T, he was not supposed to be recalled from the Senate.

“In terms of Clause 5:2 of the MDC-T constitution once I file an appeal against my expulsion from the party, I remain suspended for the time pending the hearing of my appeal.

“It doesn’t end there because the Congress has to endorse the decision of the appeals tribunal,” said Hlalo.

He alleged that MDC-T secretary-general, Douglas Mwonzora, had previously assured him that he would not be recalled, but was surprised when Madzongwe advised him that the opposition party had submitted a letter recalling him from the senate.

He asked the court to interdict Madzongwe and Chokuda from swearing in or allowing anyone from the MDC-T to take his senate seat pending the finalisation of this matter.