Speaker snubs MDC-T request to recall MPs

Daniel Nemukuyu Harare Bureau
THE Speaker of Parliament Jacob Mudenda yesterday rejected a request by the MDC-T to withdraw 18 lawmakers from both the National Assembly and the Senate because they are aligned to Tendai Bit’s MDC Renewal Team.In a letter to Biti, who had responded after the MDC-T filed the request, Mudenda said only the courts had jurisdiction to determine the MDC factions’ legitimacy wrangle and that the case was still pending before the High Court.

Mudenda said a decision he made early this year on the same matter still stood as there were no changed circumstances warranting a review.

“It is trite to observe that the dispute within the MDC-T is pending before the High Court under case number HC5303/14 in the matter of Tamsanqa Mahlangu and 129 others versus Tendai Biti and others and case number 4956/14,” he said.

“I have received no communication on the final outcome of the court action on the matter. Accordingly, as there is no material change in the submissions of the contending parties since my reply to both parties, I have advised the other party that the alleged resolution made at the MDC-T party congress on November 1, 2014, does not constitute a judicial decision.

“In the result, I cannot accede to their purported instruction to the Speaker as per their interpretation of Section 129(1) (k) of the Constitution.”

Last week, the MDC-T notified Mudenda and the President of the Senate Edna Madzongwe of the party’s intention to withdraw 15 members from the National Assembly and three others from Senate on the basis that they were no longer members of the Tsvangirai-led party.

The MDC-T’s newly elected spokesperson Obert Gutu said last week that the 18 ceased to be MDC-T members and that their seats must be declared vacant.

The resolution to recall the 18 was passed at the just ended MDC-T 4th congress and the new secretary-general Douglas Mwonzora wrote to Mudenda and to the President of Senate Cde Ednah Madzongwe as required by law.

The 15 legislators are: Tendai Biti (Harare East), Willias Madzimure (Kambuzuma), Lucia Matibenga (Kuwadzana), Evelyn Masaiti (proportional representation Harare), Paul Madzore (Glen View South), Reggie Moyo (Luveve), Solomon Madzore (Dzivarasekwa), Bekithemba Nyathi (Mpopoma/Pelandaba), Moses Manyengavana (Highfield West), Albert Mhlanga (Pumula), Sipepa Nkomo (Lobengula), Roselyn Nkomo (Tsholotsho North), Settlement Chikwinya (Mbizo), Gorden Moyo (Makokoba) and Judith Mazhavazhe (proportional representation Masvingo).

The Senators are Sekai Holland (Harare), Rorana Muchihwa Dandajena (Harare) and Wachi Sibanda (Matabeleland South).

Part of Mwonzora’s letter to Mudenda said: “At the congress, it was resolved that the Members of Parliament whose names                                 are listed in the attachment hereto and who were elected to Parliament under the  MDC ticket have ceased to belong to the MDC-T.

“Accordingly, in terms of Section 129(k) of the Constitution of Zimbabwe, we hereby formally give notice to withdraw these members of Parliament with immediate effect.

“Please kindly note that the law does not give Parliament or the Speaker any discretion once a party has given notice to withdraw its members of Parliament.”