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Thokozani Khupe appeals to Supreme court

THE Thokozani Khupe-led MDC-T has appealed to the Supreme Court challenging a High Court order that barred them from replacing two MDC Alliance legislators after they were recalled on April 3, this year.
This comes after Justice Joseph Mafusire on Monday granted temporary order to the MDC-T not to fill their vacancies in Parliament until their matter challenging their expulsion is determined.
In the appeal filed at the Supreme Court on Monday evening, Khupe and reinstated MDC secretary-general Douglas Mwonzora cited MDC-A legislator Lilian Timveos, Thabitha Khumalo, Speaker Jacob Mudenda, Senate president Mabel Chinomona and Zimbabwe Electoral Commission chairperson Priscilla Chigumba as respondents.
They want the High Court order by Mafusire set aside with costs, arguing that the judge did not have any right at law to grant the interim order.
MDC-T lawyer Lovemore Madhuku submitted that Mafusire had improperly exercised his discretion.
“The learned judge in the court a quo improperly exercised his discretion and erred in law in finding that the certificate of urgency was not fatally defective and that the matter was urgent.
“The learned judge in the court a quo erred in law in not finding that the court a quo had no jurisdiction to interdict a lawful process, namely that it could not interdict the filling of vacancies that have already arisen by operation of law,” Madhuku argued.
Mafusire departed from a previous judgment by a fellow judge Tawanda Chitapi who had dismissed the MDC-A as a political party and ruled that it was indeed a recognised political formation.
“For two years, they have participated in the business of Parliament as members of MDC-A. Zimbabwe Electoral Commission registered the MDC-A as a political party. Indeed, it is a political party for the purposes of the Constitution and of the Electoral Act.
“Parliament recognises it as a political party. The applicants have produced documents showing that they were nominated by the MDC-A political party on the proportional representation for the women’s quotas for the two Houses of Parliament,” said Mafusire.
Mafusire noted how government also recognised MDC-A as a political party with reference being made to a copy of the Government Gazette of February 28 tendered by applicants’ lawyers Mbidzo, Muchadehama and Makoni.
He noted that even Mwonzora sat in the Senate on the ticket of the MDC-A, which they are fighting to disregard.

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