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Mr Mwonzora

Nduduzo Tshuma  Senior Political Reporter
THE MDC-T is taking its bid to recall 15 legislators and 3 senators to the constitutional court, arguing that the Speaker of the National Assembly Jacob Mudenda misdirected himself in handling the matter, party spokesperson Obert Gutu said yesterday.Cde Mudenda last week rejected a request by MDC-T to withdraw the 18 lawmakers from both the National Assembly and Senate because they are aligned to Tendai Biti’s MDC Renewal Team.

The party notified Mudenda and the President of Senate Edna Madzongwe of their intention to withdraw 15 members from the National Assembly and three others from Senate on the basis that they were no longer members of the Tsvangirai-led party.

The resolution to recall the 18 was passed at the just-ended MDC-T 4th congress. The new secretary general Douglas Mwonzora wrote to Mudenda and Madzongwe as required by the law.

In a letter to Biti, who had responded after the MDC-T filed its request, Mudenda said only the courts had jurisdiction to determine the MDC factions’ legitimacy wrangle and that the case was still pending before the High Court.

Mudenda said a decision he made early this year on the same matter still stood as there were no changed circumstances warranting a review.

“Obviously we’re not happy, we wrote that letter according to provisions of the constitution which gives us the right to recall them because they’re no longer members of our party,” said Gutu. The Speaker misdirected himself in the matter by claiming that there was a pending case in the courts involving Thamsanqa Mahlangu and others. The matter was withdrawn from the court on November 7. What the Speaker ought to have done was take heed of the letter written to him by our secretary general. We’re now taking the matter up with the Constitutional Court.”

Gutu also said the party would this morning file an application at the Bulawayo High Court to rescind a judgement last week that nullified the election of deputy Bulawayo mayor Gift Banda as MDC-T provincial chairperson.

The High Court also ordered the party to conduct fresh elections following a successful application by Banda’s rival, Matson Hlalo, challenging the conduct and outcome of the vote.

Justice Maxwell Takuva said Banda did not qualify to be a candidate for the MDC-T’s Bulawayo provincial chairmanship in terms of the party’s constitution.

He said in the event that Hlalo was the only candidate remaining for the post of chairmanship, he should be declared as duly elected chairperson by virtue of Banda’s disqualification. “It was a default judgement, we were not served with papers and we didn’t file opposition so the judgement was given in default,” Gutu said. “We’ve prepared papers to have the judgement reversed. First thing tomorrow (today) our lawyers are going to apply for a reversal of that default judgement.”

Gutu said the party was going to convene a disciplinary hearing to try Hlalo who is on suspension on allegations of violence. He said Hlalo will also be facing fresh charges of misconduct on top of the already existing ones of violence.