adminMashudu Netsianda Senior Court Reporter
FORMER MDC-T Senator Matson Hlalo’s dream of retaining his parliamentary seat after he was expelled from the Senate crumbled following the dismissal of his appeal by the High Court.
Bulawayo High Court judge Justice Nokuthula Moyo dismissed Hlalo’s urgent chamber application challenging his expulsion from the Senate.
Justice Moyo ruled that Hlalo’s case lacked merit as the president of the Senate, Edna Madzongwe, acted in accordance with section 159 of the Constitution.
“It’s my considered view that what’s happening within the MDC-T isn’t the business of the president of the Senate who should at all the time act in accordance with the Constitution. It’s by operation of law that applicant’s seat is now vacant,” said Justice Moyo.
The judge said Madzongwe was not enjoined to assess any issues, or make a decision on the propriety or otherwise of the expulsion of a senator.
“All the president of the Senate has to do is to act in accordance with the provisions of the Constitution once communication has been received from the party on the cessation of the membership of its representative in parliament,” she said.
The judge said the Constitution doesn’t provide for measures that should be taken once it’s found that a party member is at qualms with a decision to expel him or her from the party and consequently from parliament .
The judge said the relief that Hlalo sought was impracticable since the seat had already been declared vacant.
“It’s my finding that the applicant should’ve acted while the matter was still an internal one. He should’ve either sought an interdict against his party from acting in the manner that it did or communicated the detrimental information to parliament. The horse has bolted in my view and the remedy that applicant seeks can’t be granted and I accordingly dismiss the application with costs,” ruled Justice Moyo.
Hlalo was in February fired from the MDC-T 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.
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