THE Constitutional Court has dismissed Dr Thokozani Khupe’s
application challenging her expulsion from Parliament in April last year.
Dr Khupe, who was the MDC-T Proportional Representation
Member of Parliament, was expelled from the august house after Mr Nelson
Chamisa wrote to National Assembly Speaker Advocate Jacob Mudenda, claiming
that she no longer representing the opposition party’s interests.
Subsequently, Dr Khupe approached the ConCourt challenging
the recall saying it was unprocedural and that she was still Member of
Parliament for Bulawayo Metropolitan Province.
The full bench of ConCourt Judges led by Chief Justice Luke
Malaba today dismissed Dr Khupe’s application with no order to costs. Dr Khupe
and MDC were the applicants in the matter, while Parliament of Zimbabwe,
speaker of the National Assembly Jacob Mudenda and MDC deputy national
chairperson Morgen Komichi were cited as respondents.
Dr Khupe told the court that, having been elected MDC vice
president at the party’s congress in 2006 and 2014, she is the rightful leader
of the party, following the death of its founding leader Mr Morgan Tsvangirai
on February 14, last year.
“Regrettably, the passing on of our President triggered a
vicious power struggle in our party. Many of my senior colleagues in our top
administrative committee known as the Standing Committee, provided for in terms
of Article 6.4.4, chose not to follow our Constitution, preferring to position
themselves to their greatest advantage in the succession race,” she said.
Through her lawyer Lovemore Madhuku, Dr Khupe said she was
not aware that a letter had been written to the Speaker of Parliament recalling
her.
She also said her recall came after she had written a
letter to the Speaker highlighting the leadership wrangles within the party.
However, ruling to this application was previously postponed indefinitely after
parties agreed to allow the High Court to first decide on who, between Mr
Nelson Chamisa and Dr Khupe, is the legitimate successor of MDC-T late
president Mr Morgan Tsvangirai. In May this year the High Court ruled that
Chamisa was illegitimately acting as the MDC leader and he appealed to the
Supreme Court.
The case of legitimacy was recently tabled before the
Supreme Court and judgement in the matter was reserved. Herald
0 comments:
Post a Comment