MDC Alliance MPs that were recalled from parliament under the instruction of Douglas Mwonzora have approached the High Court challenging their expulsion, The Standard reports.
In their court application, Chalton Hwende’s lawyers said:
The first respondent, a politburo member of Zanu PF, has abandoned all objectivity and has descended into a political arena, with the sole purpose of destroying our party the Movement for Democratic Change Alliance.
This is regrettable, embarrassing and unbefitting for a man with alleged legal qualifications. Our party, the MDC Alliance fielded candidates in constituencies for election as Members of Parliament in terms of section 46 of the Electoral Act [Chapter 2:13]
In our case, our forms were filed and signed for as is required by the law. At all material times we were MDC Alliance. In all our communication with the Zimbabwe Electoral Commission [ZEC] we were MDC Alliance. We registered election agents through the MDC Alliance. They were accredited for as MDC Alliance. At no stage, were we ever anything other than the MDC Alliance. It is our contention that this speaker and Senate president’s actions were wrong and unlawful.
In so announcing our expulsion by a party other than the MDC Alliance, the speaker exercised a quasi-judicial function under circumstances where he unlawfully failed to hear us or respect our due process rights.
Further, having dealt with us for two and a half years as MDC Alliance, he was stopped and barred from treating us any differently or giving us a new label or name without due process. He very well knew that he has no authority to represent the MDC Alliance or anyone for that matter.
Parliament under the instruction of Mwonzora recalled Chalton Hwende, Prosper Mutseyami, Tabitha Khumalo and senator Lillian Timveous.