Beleaguered MDC-T Supremo, Morgan Tsvangirayi, has suffered yet another setback as parliament yesterday, through Speaker Jacob Mudenda, rejected his bid to withdraw Tendai Biti and 17 other ‘rebel’ legislators aligned to the MDC-Renewal.
In a letter to Mr Biti, who had responded after the MDC-T filed the request, Adv 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.
Adv Mudenda said a decision he made early this year in 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 the 1st of November 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 S
Last week, MDC-T notified Mr Mudenda and Senate president 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 part of the Tsvangirai-led party.
Addressing a press conference in Harare last week, MDC-T spokesperson Mr Obert Gutu said 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, Mr Douglas Mwonzora wrote to Adv Mudenda and to the President of Senate 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/Phelandaba), Moses Manyengavana (Highfield West), Albert Mhlanga (Pumula), Sipepa Nkomo (Lobengula), Roselyn Nkomo (Thsolotsho North), Settlement Chikwinya( Mbizo), Godden 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 the letter written to Mudenda reads:
“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.
Source: The Herald
In a letter to Mr Biti, who had responded after the MDC-T filed the request, Adv 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.
Adv Mudenda said a decision he made early this year in 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 the 1st of November 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 S
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| Parliament rejects again Tsvangirayi’s bid to kick out Biti and other rebel renewal legislators |
Addressing a press conference in Harare last week, MDC-T spokesperson Mr Obert Gutu said 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, Mr Douglas Mwonzora wrote to Adv Mudenda and to the President of Senate 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/Phelandaba), Moses Manyengavana (Highfield West), Albert Mhlanga (Pumula), Sipepa Nkomo (Lobengula), Roselyn Nkomo (Thsolotsho North), Settlement Chikwinya( Mbizo), Godden 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 the letter written to Mudenda reads:
“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.
Source: The Herald
