Harare-Two MDC-A senators who were recently recalled from Parliament by Dr. Thokozani Khupe, MDC-T President, have filed an application at the High Court requesting an interdict against electoral processes that could be instituted to fill vacant seats.
Speaking to media practitioners after the chamber hearing, Professor Lovemore Madhuku revealed that the recalled MPs approached the High Court on Monday seeking to interdict all electoral processes that occur once there is a chance for vacancies. The Herald reports.
“They are saying they want a temporary order, while they pursue the application they filed with the court seeking to challenge their recall from parliament.
“It is more like the other one where MDC-Alliance was seeking a temporary order to stop further recalls, while they were pursuing the matter here in courts. It’s the second side of that coin of last week,” he said.
Thabitha Khumalo and Lillian Timveos filed an urgent chamber application expecting that the Zimbabwe Electoral Commission (ZEC) would begin processes to fill the vacant seats.
The two were represented by Alec Muchadehama and Charles Kwaramba. They said the application by two senators seeking the interdict against ZEC was properly before the court.
High Court judge Justice Tawanda Chitapi recently ruled that the MDC-A is not a legal political party and does not have the right to sue, suggesting that the recalled members could file legal applications as individuals.
Whether the decision by Parliament to remove the legislators was wrong or not was based on the decision by the court, but before that is eased by the court, one cannot interdict ZEC to fill the vacancies, Professor Madhuku said.
He added that:“You cannot provisionally stop the operation of our Constitution because you will have many vacancies in Parliament remaining unfilled as long the disputes are going on between these two political parties.”
This follows after Dr Thokozani Khupe, withdrew the two from Parliament saying they are no longer representing the party’s interests.