MDC-T leader Morgan Tsvangirai’s bid to recall rebel MPs who are now with the MDC Renewal party collapsed after the Speaker of Parliament Jacob Mudenda said there had been no change in the legal status of the MPs since March.
Tsvangirai’s MDC-T last month wrote to Mudenda to withdraw the 19 rebel MPs from parliament alleging they had ceased to be members of the party on whose ticket they were elected to parliament.
In his response to the letter on Friday, Mudenda said there had been no “material changes” to the situation of the MPs since March.
“I have received no communication on the final outcome of the court action on the matter. Accordingly, as there are no material changes in the submissions of the contending parties since my reply to both parties, I wish to advise you that the alleged resolution made at your MDC-T party congress does not constitute a judicial decision.
“In the result, I hereby inform you that I cannot accede to your purported instruction to the Speaker as per your interpretation of section 129 (1) (k) of the constitution,” Mudenda said.
Following the MDC-T’s congress last October, the party’s secretary general, Douglas Mwonzora, wrote to Mudenda and Senate president Edna Madzongwe giving notice that the party was recalling the 19 lawmakers “with immediate effect”.
Mudenda said he is also in receipt of a letter written by former secretary general and one of the leading figures in the MDC Renewal, Tendai Biti, stating that he is still the party’s point-man.
“I have since received a letter dated 12 November 2014 from Hon T Biti, who maintains that he is still secretary general of the MDC-T party.
“In that letter Hon Biti restates his side’s earlier position of April 28, 2014 that neither of the two formations of the MDC-T party has power to interfere with the membership of the other,” said Mudenda.
In response, Biti hit out at Tsvangirai accusing the ex-premier of being a stumbling block to the country’s democratic agenda.
“The country is burning and those who are supposed to be governing in the Zanu PF party are at each other’s throat. The people of this country are looking for salvation from the opposition movement.
“They want us to come together and dislodge the Mugabe (President Robert) regime. Now in the middle of all this you have Tsvangirai picking out the issue of MPs as the most important matter that he should be seized with.
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“That is why we have maintained that this guy has failed, he is past his prime and should be retired to Humanikwa (Tsvangirai’s rural home),” Biti said.
“Even his party’s congress resolved not to participate in elections until there are reforms. It therefore boggles the mind that he wants to recall people from parliament a clear signal that he is ready to donate the seats to Zanu PF”.
According to Mudenda, the 5 November 2014 letter from Mwonzora citing section 129 (1) (k) of the constitution, averred that “the law does not give the Speaker any discretion once a political party has given notice to withdraw its members from the National Assembly”.
Mudenda then went into a monologue providing Mwonzora with a lecture on the background to the matter including a reminder that the case was still pending before the High Court and restating his position earlier this year that he did not have power to interfere in the political party’s internal disputes.
“I therefore advised both parties (at the time) that neither presiding officer has any role to play in the internal disciplinary actions, disputes or differences within political parties which matters are appropriately dealt with by a competent court.
“It is trite to observe that the dispute within the MDC-T party is pending before the High Court under case number 5303/2014 in the matter of Tamsanqa Mahlangu & 129 others vs Tendai Biti and others, case number HC 4956/2014,” Mudenda said.
On the other hand, Tsvangirai’s party spokesperson Obert Gutu was adamant that his party’s position stood.
“We are of the firm view that we are perfectly within our rights to recall the MPs because they are no longer members of the MDC-T. The matter that the Speaker cites is no longer pending because it was officially withdrawn on November 7, 2014.
“What we also find absurd is Biti writing to Mudenda claiming he is still the secretary general of the MDC-T when he did not attend our congress and has publicly declared that he has his own political party,” said Gutu.
The MDC-T split into two earlier this year for the second time inside a decade after disagreements triggered by the party’s heavy electoral loss to Zanu PF last year.
In the ensuing fall-out, Biti and the deputy treasurer general Elton Mangoma convened a national council meeting that expelled Tsvangirai and six of his acolytes.
In response, Tsvangirai also convened his own national council and expelled Biti and company, leading to the stalemate.
Tsvangirai’s MDC-T last month wrote to Mudenda to withdraw the 19 rebel MPs from parliament alleging they had ceased to be members of the party on whose ticket they were elected to parliament.
In his response to the letter on Friday, Mudenda said there had been no “material changes” to the situation of the MPs since March.
“I have received no communication on the final outcome of the court action on the matter. Accordingly, as there are no material changes in the submissions of the contending parties since my reply to both parties, I wish to advise you that the alleged resolution made at your MDC-T party congress does not constitute a judicial decision.
“In the result, I hereby inform you that I cannot accede to your purported instruction to the Speaker as per your interpretation of section 129 (1) (k) of the constitution,” Mudenda said.
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| Tsvangirai’s bid to recall MPs falters |
Mudenda said he is also in receipt of a letter written by former secretary general and one of the leading figures in the MDC Renewal, Tendai Biti, stating that he is still the party’s point-man.
“I have since received a letter dated 12 November 2014 from Hon T Biti, who maintains that he is still secretary general of the MDC-T party.
“In that letter Hon Biti restates his side’s earlier position of April 28, 2014 that neither of the two formations of the MDC-T party has power to interfere with the membership of the other,” said Mudenda.
In response, Biti hit out at Tsvangirai accusing the ex-premier of being a stumbling block to the country’s democratic agenda.
“The country is burning and those who are supposed to be governing in the Zanu PF party are at each other’s throat. The people of this country are looking for salvation from the opposition movement.
“They want us to come together and dislodge the Mugabe (President Robert) regime. Now in the middle of all this you have Tsvangirai picking out the issue of MPs as the most important matter that he should be seized with.
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“That is why we have maintained that this guy has failed, he is past his prime and should be retired to Humanikwa (Tsvangirai’s rural home),” Biti said.
“Even his party’s congress resolved not to participate in elections until there are reforms. It therefore boggles the mind that he wants to recall people from parliament a clear signal that he is ready to donate the seats to Zanu PF”.
According to Mudenda, the 5 November 2014 letter from Mwonzora citing section 129 (1) (k) of the constitution, averred that “the law does not give the Speaker any discretion once a political party has given notice to withdraw its members from the National Assembly”.
Mudenda then went into a monologue providing Mwonzora with a lecture on the background to the matter including a reminder that the case was still pending before the High Court and restating his position earlier this year that he did not have power to interfere in the political party’s internal disputes.
“I therefore advised both parties (at the time) that neither presiding officer has any role to play in the internal disciplinary actions, disputes or differences within political parties which matters are appropriately dealt with by a competent court.
“It is trite to observe that the dispute within the MDC-T party is pending before the High Court under case number 5303/2014 in the matter of Tamsanqa Mahlangu & 129 others vs Tendai Biti and others, case number HC 4956/2014,” Mudenda said.
On the other hand, Tsvangirai’s party spokesperson Obert Gutu was adamant that his party’s position stood.
“We are of the firm view that we are perfectly within our rights to recall the MPs because they are no longer members of the MDC-T. The matter that the Speaker cites is no longer pending because it was officially withdrawn on November 7, 2014.
“What we also find absurd is Biti writing to Mudenda claiming he is still the secretary general of the MDC-T when he did not attend our congress and has publicly declared that he has his own political party,” said Gutu.
The MDC-T split into two earlier this year for the second time inside a decade after disagreements triggered by the party’s heavy electoral loss to Zanu PF last year.
In the ensuing fall-out, Biti and the deputy treasurer general Elton Mangoma convened a national council meeting that expelled Tsvangirai and six of his acolytes.
In response, Tsvangirai also convened his own national council and expelled Biti and company, leading to the stalemate.
