MDC Alliance MPs challenge recall
FIVE MDC Alliance MPs who were last week recalled from Parliament have challenged the recalls in the High Court.
Bacillia Majaya, Macharairwa Mugido, Annah Myambo, Fransisca Ncube and Nomathemba Ndlovu want an order setting aside National Assembly Speaker Jacob Mudenda’s decision to recall them at the instigation of the MDC-T.
The latest recall of the MDC Alliance legislators came barely a month after High Court judge Joseph Mafusire passed an order barring Parliament and MDC-T from filling positions of two legislators Lilian Timveous and Thabitha Khumalo who were recalled in the same manner.
In an affidavit deposed by Mbidzo, Muchadehama and Makoni on behalf of Majaya, she said Mudenda acted unlawfully in accepting an instruction or declaration from the MDC-T, arguing that was not the party they belonged to at the time of the 2018 elections when they were elected into Parliament.
She argued that reinstated MDC-T secretary-general Douglas Mwonzora and president Thokozani Khupe did not have a right to exercise jurisdiction over them and had carried out a coup by usurping and giving themselves authority over the MDC Alliance.
“In other words, the Speaker of Parliament acted unlawfully in accepting and effecting a declaration from any other party other than a declaration from the Movement for Democratic Change Alliance which sponsored us,” Majaya said.
“In so announcing my expulsion by a party other than the MDC Alliance, the Speaker exercised a quasi-judicial function under circumstances where he unlawfully failed to hear us or respect our due process rights.
“Further, having dealt with us for two-and-a-half years as MDC Alliance, he was stopped and barred from treating us any differently or giving us a new label or name without due process.
“Had he been acting objectively, without malice, bias or ill-motive he would not have acted upon or effected the glaringly unlawful declaration.”