MDC members suing ministry for expulsion

of six party members from Copac early this year.
Maxwell Zimuto, Morgan Changa-mire, Godfrey Gumbo, Oswell Dziike, Lucia Dapato and Knowledge Tshuma, who were rapporteurs in the constitution-making process, were early this year expelled following communica-tion by the party secretary-general Mrs Pricilla Misihairabwi-Mushonga.
The party members, including the six, are seeking an order nullifying the expulsion.
They are also seeking to bar the Parliament of Zimbabwe, Mrs Misihairabwi-Mushonga and the Parliament Select Committee from interfering with the six’s work in the constitution-making process.
Harare lawyer, Mr Obey Shava of Mbidzo Muchadehama and Makoni, confirmed the lawsuit saying Minister Eric Matinenga and other parties cited were yet to respond to the lawsuit.
“Yes, we are seeking to set aside the dismissal of the six MDC members.
“They should resume their usual duties because the so-called dismissal was not done according to the law,” Mr Shava said.
In a founding affidavit by Mr Zimuto and supported by the 19 others, the party members feel the decision to fire the six had no legal basis and that it should be nullified.
The decision, the party members say, was not sanctioned by MDC party and it was unilaterally done by Mrs Misihairabwi-Mushonga against people opposed to her “unorthodox” ascendancy to power.
It is stated that the rapporteurs had signed contracts with Copac and that they were actually qualified for the job.
“It is only fair that the third respondent (Mrs Misihairabwi-Mushonga) be ordered to stop interfering with applicants’ independent execution of the mandate given to them by the second respondent and the dismissal of the first to sixth applicants on the instruction of the third respondent, who had no mandate from MDC and civic society groups, be declared unlawful.”
The six were employed by Copac early last year after being recommended by MDC.
It is argued that they underwent rigorous training on the job and qualified for their posts in the constitution-making process.
The party members argue that only Copac had the powers to dismiss the six on good reason and not Mrs Misihairabwi-Mushonga.
Mr Zimuto submitted that Mrs Misihairabwi-Mushonga wrongly instructed the dismissal of the six basing on the powers conferred to her at a party congress that is still being challenged at the High Court.
Parliament has since filed its response to the lawsuit saying it ought not to have been cited in the case.
Clerk of Parliament Mr Austin Zvoma, in an affidavit, said Parliament was not responsible for the decision made.