PARLIAMENT is not responsible for the recalls of legislators since their withdrawal is a preserve of the political parties who sponsored their candidatures and all Parliament does is announce what the sponsoring party has written in a letter, the Clerk of Parliament, Mr Kennedy Chokuda, said yesterday.
Delivering a lecture to 36 students from the Zimbabwe
National Defence University after they toured the new Parliament building in Mt
Hampden, Mr Chokuda spoke on the role of Parliament in national security.
The students were drawn from the country’s security
services and SADC countries Botswana, Zambia, Eswatini, Tanzania, Malawi,
Namibia and South Africa.
His remarks follow the recalls of legislators by CCC as a
result of power struggles within the opposition party.
“Some members of the public think it is Parliament that is
recalling MPs. That is not correct. A member is recalled from Parliament in
terms of Section 129 (K) of the Constitution. The moment their party writes to
us that is when they are recalled from Parliament. What happens in Parliament
when the Speaker of the National Assembly or president of the Senate makes the
announcement is simply the announcing.
“A member is already recalled the moment their party writes
to Parliament. The Speaker and the Senate president will simply in terms of the
Constitution, advise the President and the Zimbabwe Electoral Commission that
the person has been recalled from Parliament. So, Parliament does not recall
anyone from Parliament; it is their party, in writing. Some of the members who
have been recalled have tried to come to Parliament and say, ‘my party have
written to you or are going to write to you, wanting to withdraw me, can you
stop the process’.
“We can’t because that is a constitutional process, it can
only be stopped by the Constitutional Court itself. So, if members do not take
the processes to protect themselves, Parliament will simply implement what the
Constitution says, because that’s what the Constitution says,” he said.
Mr Chokuda said when the Speaker of the National Assembly
or the Senate president write to the President and ZEC notifying them about a
vacancy in either of the two Houses of Parliament, they will be simply
exercising their constitutional mandate and would be in violation of the
Constitution if they acted otherwise.
The Constitutional Court had already ruled, in the matter
between Tendai Biti vs the Speaker, that the Speaker of the National Assembly
and the Senate president had no role to play in adjudicating disputes within
political parties.
Meanwhile, the Commandant and Vice Chancellor of the ZNDU,
Air Vice Marshall Michael Moyo, said the new Parliament building and
developments carried out across the country showed Zimbabwe’s resilience
despite the sanctions-induced challenges the country is facing.
“I think this is classic. It’s difficult to find words to
describe it. It shows that despite the economic problems arising from the
sanctions that we are going through, Zimbabwe is still able to define its own trajectory on how to develop.
“Going forward, if you look at this Parliament building,
the Gwayi-Shangani Dam, the road rehabilitation from Beitbridge to Harare, I
think we are still alive,” Air Vice Marshall Moyo said. Herald
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