PARLIAMENT has been dragged into the raging fights between the two factions in the embattled MDC-T, with the august House set to determine whether “suspended” MDC-T leader Morgan Tsvangirai or “axed” secretary-general Tendai Biti has the right to recall party MPs.
Paidamoyo Muzulu/Everson Mushava
The Biti faction for now seems to have made pre-emptive moves to protect its members from expulsion from Parliament after it advised the presiding officers of the contested leadership in the party, legal analysts say.
The Tsvangirai faction, despite its “expulsion” of Biti and his associates, is still to write to Parliament 24 hours after making the announcement.
Tsvangirai faction spokesman Douglas Mwonzora confirmed yesterday that they were yet to write to Parliament for the expulsion of Biti and the 11 MDC-T MPs who allegedly staged a boardroom coup on Tsvangirai and his seven top lieutenants.
“We are likely to hand-deliver our letter demanding the expulsion of the 11 in line with the National Council’s resolution by Friday (tomorrow),” Mwonzora said.
The MPs who might be affected are: Biti (Harare East), Solomon Madzore (Dzivaresekwa), Paul Madzore (Glen View South), Moses Manyengavana (Highfield West), Willias Madzimure (Kambuzuma), Samuel Sipepa Nkomo (Lobengula), Bekithemba Nyathi (Pelandaba-Mpopoma), Evelyn Masaiti (Proportional Representation), Watchy Sibanda (Senator Matabeleland South), Settlement Chikwinya (Mbizo) and Reggie Moyo (Luveve).
Speaker of the National Assembly Jacob Mudenda said his office would only make a decision after receiving formal communication from the Tsvangirai faction.
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“We have received a letter from one side [Biti faction] which we are studying and we will make a decision in terms of the supreme law and general law once we have all the facts before us,” Mudenda said.
Constitutional law expert Professor Lovemore Madhuku said the Speaker cannot act in line with section 129 (k) of the Constitution if there is a dispute.
“Whenever there is a dispute, the Speaker cannot act and it’s common cause that there is a dispute on who legitimately represents the party,” Madhuku said.
He added: “Section 129 (k) is a stupid provision that should not be part of a democratic Constitution. How can a person elected by voters, some of whom are not members of that party, be expelled on the say-so of a political party?”
Another senior lawyer Chris Mhike said the MDC-T legitimacy issue could go either way if it went to court.
“The presiding judicial officer will consider the internal statutes that govern the contesting parties [the party’s constitution], as well as the law of the land, principles of natural justice and any other relevant considerations. In the circumstances, the court’s decision can, therefore, go either way,” Mhike said.
The case has the hallmarks of the 2005 split which in the end did not go to court as the parties decided to have an amicable separation and sharing of properties.
Expelling MPs has not been easy as the case of Zanu PF’s botched expulsion of Bikita West Independent MP Munyaradzi Kereke has shown.
Zanu PF withdrew its case after Kereke applied to the High Court to contest his expulsion.
Meanwhile, the MDC-T “renewal team” yesterday said they had issued Tsvangirai and six other party officials with charge sheets following their “suspension” on Saturday.
The seven were expected to appear before a tribunal in the next two weeks. The “renewal team” described their expulsion from the party by Tsvangirai as a legal nullity, claiming the meeting that fired them was improperly constituted without a quorum.
Addressing journalists yesterday, former MDC-T deputy treasurer-general Elton Mangoma said Tsvangirai’s Tuesday meeting was illegal because it was addressed by suspended officials.
“The meeting was illegal. It was called by suspended people. We urge all MPs who have been recalled to continue their work. The secretary-general had already written to Parliament to ensure that they are safe,” Mangoma said.
He said the “suspensions” of Tsvangirai, his deputy Thokozani Khupe, party national chairman Lovemore Moyo, his deputy Morgan Komichi, spokesperson Douglas Mwonzora, national organising secretary Nelson Chamisa and his deputy Abedinico Bhebhe stood.
“We have already given them charge sheets. We will invite them to appear before a tribunal within the next two weeks. Our actions will be guided by the outcome of those tribunals. We cannot pre-empt out actions,” Mangoma said.
Meanwhile, Tsvangirai yesterday addressed a caucus of MPs at Harvest House where he reportedly explained that the National Council took the decision to recall the 11 MPs because they defied an order not to attend the meeting which “suspended” him.
Mwonzora also told the MPs that the “renewal team” had no quorum and their purported suspension of the party leadership would fail.
He claimed only 33 members of the national executive were present at the April 26 meeting that purportedly suspended Tsvangirai and the other officials.
But the “renewal team” insisted that 138 members attended its Saturday meeting and endorsed Tsvangirai’s suspension.
