Massive jockeying for Speaker’s post

of Parliament’s post, a day after the Supreme Court nullified MDC-T national chairman Lovemore Moyo’s election.
The next House of Assembly sitting will have to elect a new Speaker to preside over proceedings following the Supreme Court ruling.
The three main parties want to gain control of proceedings in the August house.

Zanu-PF and MDC-T will need the support of the MDC formation to win the Speaker’s post.
The parties are divided on their strengths to gain control of the House.
Zanu-PF says it is guaranteed 96 votes, MDC-T believes with Prime Minister Morgan Tsvangirai, DPM Thokozani Khupe and former Speaker Moyo’s votes they have 99 votes.
MDC, currently divided over a leadership wrangle pitting Deputy Prime Minister Arthur Mutambara and Industry and Commerce Minister Welshman Ncube, has seven MPs eligible to vote.

Zanu-PF has however, dismissed MDC-T’s claims that Mr Moyo would vote.
They argue that Mr Moyo lost his voting rights once he was elected Speaker on August 25, 2008.
Zanu-PF leader in the Lower House Cde Emmerson Mnangagwa said all parties should brace for a hot contest.
“In an election people elect people of their choice. This is a democratic process and MPs will be campaigning for candidates of their choice,” he said.
Cde Mnangagwa was Speaker of Parliament from 2000 to 2005.

Zimbabwe’s first black Speaker of Parliament after independence in 1980, Cde Didymus Mutasa, said Zanu-PF could support a neutral candidate if they cannot win the election.
“We might not field a candidate. Why can we field a candidate if we are going to lose? But I am sure that there is going to be a lot of horse-trading between parties trying to lure votes from the other.
“On the issue of (Lovemore) Moyo’s voting rights I think he is no longer an MP. Once elected Speaker of Parliament you cease to be an MP,” said Cde Mutasa, the Zanu-PF secretary for administration.
Zanu-PF chief whip Cde Joram Gumbo was not available for comment as he is in South Africa attending the Pan African Parliament.

His Deputy, Mutoko North MP, Cde Mabel Chinomona said the party would convene a caucus to map the way forward.
“We will convene a party caucus on Wednesday to discuss these issues and until we hold that meeting I cannot discuss much over the issue,” said Cde Chinomona.
Chivi Central Member of the House of Assembly and legal expert Cde Munyaradzi Paul Mangwana also said Mr Moyo was ineligible to vote on the day.
“He forfeited his vote when he was elected Speaker and if the President had declared a by-election for Matobo South, Moyo would have lost his vote.
“He still needs to contest for the constituency and become eligible to vote.”

He said Mr Moyo would be a “stranger in the House” if he attends Parliament.
“There is no provision for an acting Speaker in Zimbabwe’s laws and we have to go for an election.
“This is where the smaller outfit (MDC) becomes decisive. Whoever wins their support becomes the Speaker.”

Cde Mangwana said no party would afford to sit comfortably believing they would win the seat.
“The only party with the political acumen will win that post,” he said.
MDC-T chief whip Mr Innocent Gonese said the MDC-T has 99 confirmed votes.
“The law provides that one should be physically present on the voting day,” he said.

He, however, said the MDC-T position could be compromised by the number of MPs currently with pending court cases.
“We have Hon Meki Makuyana who has outstanding cases in the courts and we still have our legislators who are still in police custody.
“Our understanding of the law is that Mr Lovemore Moyo has voting rights since he is coming to Parliament representing a constituency (Matobo South).”
There are four MDC-T legislators on remand for various crimes including Makoni North MP Mr Elton Mangoma, Mr Costin Muguti (Gokwe Kabuyuni), Zhombe MP Mr Rodgers Tazviona and Mazowe Central MP, Mr Shepherd Mushonga.

MDC vice president Mr Edwin Mushoriwa said they were still studying the court judgement.
“We will take a decision that is in the interest of our party and the country.
“Our argument from the 2008 elections has been that the post of Speaker should be held by a party that has balance of power in the House which is our party,” he said.
Constitutional law expert, Professor Lovemore Madhuku said the next Parliament sitting should elect the new Speaker.

“The presumption of the law is that any member of any body has voting rights. It does not need to be written in the law, unless you do not want that person not to have such rights, like the Attorney General where the Constitution clearly states that he has no voting rights,” he said.
However, informed sources said Zanu-PF could increase its seats to 97 anytime without going to by-elections by filling the vacancy left by VP Mujuru in the Lower House.
“Parties in the inclusive Government agreed that they should fill all positions left vacant by those in senior Government positions and VP Mujuru’s position has not been filled,” a source said.

The source said Zanu-PF could use this position to identify a competent Zimbabwean outside Parliament to the Speaker’s position.
The other option, he said, was to negotiate with other parties to choose a Speaker who is acceptable to all parties in the inclusive Government.
He said dynamics in Parliament had changed since Mr Moyo’s controversial election in 2008.
There was no guarantee that the MDC-T would win the post, he said.
Meanwhile, Zimbabwe Lawyers for Justice leader Advocate Martin Dinha said Mr Tsvangirai faces arrest after he attacked the judiciary for nullifying Mr Moyo’s election.
“The comments by Mr Tsvangirai are shocking and they are in breach of the law. They constitute a criminal offence.
“He faces arrest for contempt of court because the law is very clear that you should not demean or defame judges of the High Court or the Supreme Court.

“By so doing you will be undermining the entire judiciary and breaching the separation of powers.
“We expect the police to act swiftly and arrest the PM for bringing the entire system of Government into disrepute,” he said.
He said the MDC should stop being cry babies who always want court rulings to be in their favour.
“(Mr) Tsvangirai and his MDC-T must not act like spoilt babies who want things their way always.
“If they win the case, the courts are deemed to be impartial and if they lose a case the same courts become biased,” he said.
Another legal expert, Mr Terrence Hussein said Mr Tsvangirai’s attacks on the judiciary were double edged.

“He attacks judges on one hand but on the other has no hesitation in filing applications before the same judges.
“His attack on the judiciary is not befitting of a senior government official and clearly is worthy censure.
“Clearly it brings into question if the Prime Minister understands the rule of law.
“It does not only mean celebrating decisions, which are in your favour, but accepting decisions that also go against you.”

In an interview with our Bulawayo Bureau yesterday, Mr Moyo said he would wait for the situation to settle down before considering the way forward.
“I have noted the judgement but it is premature for me to comment now. I will just let things settle down first,” said Mr Moyo.
Mr Moyo could not be drawn into commenting on the implications of the judgment on his political career as MDC-T national chairman.
“I have not read the full ruling as it is still in the hands of the lawyers and the way forward will only be known later. What would happen is just like what would happen to any worker in the public service. The office of

Speaker of Parliament is just like any other office in the public service and when that is terminated it takes the same way as any other office,” said Mr Moyo.
Meanwhile, the European Union has, in a desperate attempt, to justify the extension of illegal sanctions on Zimbabwe appended more than 20 signatures on a document they are alleging there is violence in Zimbabwe.

Six European ambassadors yesterday held a Press conference in Harare yesterday to condemn the alleged violence in the country.
EU Charge d’ Affairs Ms Barbara Plinkert said the bloc was worried by the arrest of Energy and Power Development Minister Elton Mangoma and the dethroning of Mr Lovemore Moyo as House of Assembly Speaker.
“As EU we are worried that the arrest of Minister Mangoma is going to derail the engagement of Zimbabwe with the European Union since he is one of the crucial team members that were engaging the EU over normalising relations.
“I am not commenting on whether his arrest is politically motivated or not, I cannot interfere in the judiciary process, in the past weeks we have seen political violence and unnecessary arrests. I am not saying we want to interfere with justice system but we are closely watching the events as they unfold.
“As regards to the Speaker of Parliament, we feel that the Speaker of Parliament who has a crucial post is no longer in power to execute his role we think its an important issue,” she said.
Twenty European countries ambassadors accredited to Zimbabwe who include Austria, Canada, Denmark, France, Germany, Greece, Italy, Japan, Norway, Portugal, Romania, Spain, Sweden, Switzerland, Britain, Ireland and the Czech Republic as well as the United States and Australia appended their signatures on the document.
“The undersigned are concerned by increasing evidence in recent weeks of what appears to be politically motivated intimidation and violence.
“We recall the importance of a peaceful process and encourage the government of Zimbabwe and the political parties to respect the spirit and the letter of the Global Political Agreement, to fully use mechanisms such as the Jomic to deter violence and to engage decisively with the Sadc region and South African facilitator President Jacob Zuma, to agree on a road map that can ensure credible and democratic elections.”