Monday, 3 December 2018

MDC MPs TAKEN TO COURT OVER CARS AND ALLOWANCES

PRESSURE is piling on MDC Alliance legislators who do not recognise the leadership of President Mnangagwa after one of their party members approached the High Court seeking to stop payment of their allowances and vehicle loans pending determination of the opposition party’s appeal at the African Court.

When MDC Alliance leader, Mr Nelson Chamisa’s election petition was dismissed by the Constitutional Court in August this year, it was announced that he lodged an appeal at the African Court.

MDC Alliance is on record stating that it does not recognise the leadership of President Mnangagwa, describing him as “de facto President”.

National Assembly and Senate members aligned to MDC-A have staged childish drama, causing chaos in Parliament with a view to disrespect President Mnangagwa and to show that they do not recognise him as head of State.


To that end, Mr Justice Dzingirayi who identified himself in the court papers as an MDC A member, has filed an application at the High Court seeking an order suspending payment of allowances, salaries (if any) and even advancement of vehicle loans to the MDC parliamentarians.

Speaker of Parliament Advocate Jacob Mudenda recently announced that errant legislators risked being barred from Parliament and having their allowances withdrawn for a specific period.
He said Parliament was reviewing the standing rules and orders to make them strict.

He made the remarks following exhibition of rowdy behaviour by MDC Alliance legislators and disrespect for President Mnangagwa just before the presentation of the 2019 Budget by Finance and Economic Development Minister, Mthuli Ncube.

Adv Mudenda said a similar model like the one adopted in Zambia was on the cards in Zimbabwe.
In the court application, Mr Dzingirayi argued that the current Government was illegitimate and that the MDC legislators should not receive money from it.

He cited the MDC-A, all its parliamentarians, party leader Mr Nelson Chamisa, Clerk of Parliament and the Minister of Finance and Economic Development as respondents.
In the application, Mr Dzingirayi described the allowances being received by the MDC A members as “bribes” saying the Government should stop paying them out.

“It is therefore in the interests of my democratic choice that the 112th and 113th respondents (Finance Minister and Clerk of Parliament) be interdicted from paying my money or allowance, whether through a salary or loan or any other form, to my elected representatives as they represent an illegitimate government.

“Until such a time as constitutionalism is resorted, my representatives’ just dues should remain in the hands of the Government.

“In all circumstances, this money is being paid as a way to bribe my representatives into selling out on my legitimate choice, and eventually buy them to say that the Government is legitimate.

“It is not. These bribes must stop. They work to undermine my right to political choice, in that they are paid to subvert the result of my vote in that people that I voted for will be swayed to support Emmerson Dambudzo Mnangagwa’s illegitimate regime,” reads Mr Dzingirayi’s founding affidavit.

He added: “Any money that is due to my representatives or my party, will need to wait for the ascendancy of the people’s president, and then will be legitimately disbursed.”

Mr Dzingirayi, who is from Kuwadzana East Constituency, said he voted for Mr Charlton Hwende who won the National Assembly seat.

He argued that Mr Chamisa won the election but it was later rigged in favour of Zanu-PF.
Mr Dzingirayi also told the court that Mr Chamisa was the winner but the Constitutional Court, again, ruled against him.

The 115 respondents are yet to respond to the 87-page application.
John Mugogo, Attorney, filed the application on behalf of Mr Dzingirayi. Herald

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