Saturday, 14 October 2023

SPEAKER JUST FOLLOWS THE LAW ON RECALLS, SAYS GOVT

The opposition CCC should desist from soiling the reputation and integrity of State institutions by blaming them for their internal strife, which has recently seen the recall of 15 MPS, nine senators and 17 councillors, Government has said.

Mr Sengezo Tshabangu, who claims to be CCC’s interim secretary-general, recently wrote to the Speaker of the National Assembly, Advocate Jacob Mudenda, to trigger the recalls.

However, CCC later indicated that it was temporarily disengaging from both parliamentary and council business.

In a statement on Friday, acting Minister of Foreign Affairs and International Trade Professor Amon Murwira said CCC’s internal power struggles should not be mischaracterised as a national problem.

He said the law did not compel political parties to participate in national processes.

“Government takes note of statements from some political outfits in the wake of recent recalls of Members of Parliament from a certain political party in terms of our laws. The unfounded aspersions and outright falsehoods seeking to embroil Government and the ruling ZANU PF party in the recall processes are without merit,” he said.

“For the avoidance of doubt, and for the benefit of those unfamiliar with Zimbabwean laws, in terms of Section 129(1)(k) of the Zimbabwe Constitution, recalls of Members of Parliament are done by the political party to which the affected member belongs by way of written notice to the Speaker of the National Assembly or President of Senate, and not by Government.

“Against that background, it is incorrect and downright deceit for any political formation so affected by recalls to blame it on the other. Simply, no other party enjoys such a standing or mandate over the other on matters of recall.”

The Speaker of the National Assembly and President of the Senate are mandated by law to swiftly act on communication from political parties on recalls.

They also do not exercise their discretion on such matters but follow the law, Prof Murwira added.

“Neither official can or may cause, amend or block any such communication once placed before them. Again, it is downright false to impute responsibility for any recalls on the two presiding officers; or even to suggest that they have the remit to withdraw any such communication. Only authors of such communication can cause a reversal.”

Although there is no law compelling political parties to have constitutions and structures, he said, such instruments were important to avoid confusion.

Prof Murwira added: “Where a political party in opposition and represented in Parliament, of its own volition, decides to remove itself whether temporarily or permanently from processes of the Legislature, no constitutional crisis arises.

“No constitutional crisis of any kind, therefore, arises. Parties or individuals reserve the right to participate or otherwise in national processes. Zimbabwe has no law that compels participation by person(s) or organisation(s).”

Political analysts said the recall of CCC MPs was always likely owing to the party’s controversial candidate-selection process that preceded the harmonised elections, which left some of the senior party members disgruntled.

Some of the senior members left in the cold are former party vice president Mr Tendai Biti, former legislators Mr Kucaca Phulu, Mr Anele Ndebele and Mr Tshabangu himself. Sunday Mail

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