Mudenda Blocks Recalled CCC MPs' Return Despite Court Order
The National Assembly Speaker Jacob Mudenda on Wednesday, 15 November ruled that the 13 CCC MPs who were recalled yesterday will not be reinstated.
The recall of the 13 MPs and 5 senators was announced in Parliament on Tuesday after CCC self-proclaimed interim secretary general Sengezo Tshabangu wrote to Mudenda saying they had ceased to be party members.
Mudenda executed the recall order on the CCC legislators after High Court judge Justice Tawanda Chitapi had issued an interim interdict stopping Tshabangu from recalling the party’s representatives until the matter has been finalised. Ruled the judge:
Pending the determination of this urgent application the first respondent (Tshabangu) shall not purport to issue any letters of suspension of any members of the National Assembly, Senate or local authorities elected under the applicant (CCC)’s ticket. The second respondent (Speaker of the National Assembly Jacob Mudenda), third respondent (Senate president Mabel Chinomona) and fourth respondent (Local Government minister Winston Chitando) as the case may be, shall not effect any recalls made pursuant to any request by the first respondent (Tshabangu) in terms hereof.
However, in his ruling on Wednesday afternoon, Mudenda said the expelled MPs, among them Amos Chibaya and Gift Siziba, will not be reinstated saying the court order came after he had made the announcement. Said Mudenda:
The court made an interim relief and the interim relief was made after I made the announcement. The delivery of that relief was given after the announcement. You must be very logical.
Further, the notice of recall is effective from the date of the letter which is the 7th of November. Paragraph 4 of that interim relief says the respondent, Tshabangu, was interdicted from making any further recalls from the sitting of that court.
There is no way the judge would say don’t make any further recalls when in fact the recalls were made.
The recalled legislators are Admore Chievero (Chegutu West), Stephen Chatiza (Goromonzi West), Gift Ostallos Siziba (Pelandaba), Tapfumanei Willard Madzimbamuto (Seke), Oliver Mutasa (Zvimba East), Amos Chibaya (Mkoba North), Emma Muzondiwa (Midlands PR), Machirairwa Mugidho (Masvingo PR), Constance Chihota (Mashonaland East PR), Monica Mukwada (Manicaland PR), Sekai Mungani (Midlands PR), Linnet Mazingaidzo (Harare) and Dephine Gutsa (Mashonaland East PR).
NB: According to a letter written to National Assembly Speaker Jacob Mudenda by Tshabangu notifying that the above-mentioned officials have ceased to be members of the CCC party, Stephen Chatiza is listed as Goromonzi West MP.
However, results announced by the Zimbabwe Electoral Commission (ZEC) show that Biatah Beatrice Karimatsenga Nyamupinga (ZANU PF) won the seat in the 2023 general elections.
In fact, according to ZEC, Chatiza was not a candidate for Goromonzi West National Assembly Constituency. The CCC candidate was Taurai Nhamburo who garnered 10 692 votes against Nyamupinga’s 12 072.
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