HARARE – The Constitutional Court has ruled the expulsion of Munyaradzi Kereke, the National Assembly member for Bikita West from Parliament was null and void.
Kereke had sued Zanu PF for expelling him from Parliament on the basis that he had been fired from the party and could not purport to represent it in the august house.
However, nine Constitutional Court judges yesterday ruled in Kereke’s favour.
“The termination of the membership of Parliament of the applicant (Kereke) by first respondent (Zanu PF) dated the 3rd of October 2013, is null and void and is hereby set aside,” Chief Justice Godfrey Chidyausiku said.
“The applicant is a member of the National Assembly.”
Kereke made the application after Jacob Mudenda, the National Assembly Speaker, advised him that he was no longer the legislator for Bikita West. This was after Zanu PF wrote to Parliament advising of Kereke’s expulsion from the party.
Kereke challenged his expulsion from Parliament arguing that he had ceased to be a Zanu PF member by the time he was elected on July 31.
The matter was heard yesterday after Chidyausiku ruled last week that the case should be heard on an urgent basis.
This was after Kereke argued that the matter should be treated as urgent because the Bikita West constituency had already been declared vacant and a by-election could be called at any time.
He said he stood as an independent candidate and funded his July 31 election campaign.
Kereke won the election to represent Bikita West in Parliament ahead of Zanu PF’s Elias Musakwa and Heya Shoko from MDC.
But, Zanu PF expelled him for defying a party directive to step down and give way to Musakwa in the polls.
Speaking to reporters after the hearing of the case yesterday, Kereke said, “In this matter there in no loser and there is no winner.”
He added, “It really was a matter of establishing equilibrium as is engraved in the constitution of Zimbabwe.”