A HIGH COURT judge has ruled MDC Alliance was just an electoral bloc formed in August 2017 by seven political parties to contest the 2018 harmonised elections and the separate entities had a legal mandate to recall and replace any legislator elected on their tickets.
Justice Pisirayi Kwenda Friday threw out an urgent chamber application filed by 14 legislators after they failed to prove that their recent recalls by the MDC-T led by Thokozani Khupe were unlawful.
The judge said his decision was based on his interpretation of the Supreme Court ruling passed in March that said Nelson Chamisa was an illegitimate MDC President.
The Supreme Court went on to appoint former MDC-T vice president Khupe as interim president adding the party should revert to its 2014 structures.
Armed with the ruling, Khupe has been recalling MPs and councillors from parliament and local councillors.
The recalled MPs that were challenging their recall are; Bacilia Majaya, Mucharairwa Mugidho, Annah Nyambo, Virginia Muradzikwa, and Nomathemba Ndhlovu who were all members of the National Assembly while Senators Gideon Shoko, Helen Zivira, Tapfumanei Wunganai, Meliwe Phuti, Phyllis Ndlovu, Herbert Sinamapande, Keresencia Chabuka, and Siphiwe Ncube were elected in July 2018 through proportional representation.
According to the court ruling, they contested the 2018 election on an MDC-T ticket, which had the highest number of candidates in the Alliance bloc.
In his ruling, Kwenda accused the MDC Alliance of being defiant of the rule of law and bent on abusing court processes.
“They seem to be bent on enlisting the company of the High Court in circumventing the Supreme Court judgment,” ruled Justice Kwenda.
He dismissed the expelled MPs who argued that relying on the Supreme Court judgment was a fallacy, saying this was regrettable.
“It is trite that the High Court cannot overturn a Supreme Court judgment. The legal profession derives its relevance from the application of the rule of law of which constitutionalism is the cornerstone. Jurisprudentially, Supreme Court judgments are collectively a source of law,” he said.
“In my view, Section 129(1)(k) creates the rights for a political party to recall a member who is in Parliament as its representative when the member ceases to be its member.”