The High Court has dismissed an appeal by Mr Benjamin Rukanda, the man who instructed Parliament Speaker Advocate Jacob Mudenda to recall five (5) MDC Alliance MPs including Tendai Biti.
Rukanda argued that he was the secretary-general of the PDP formed by Tendai Biti, therefore, had the authority to recall the five legislators whom he accused of ceasing to be party members.
The High Court, however, later established that Rukanda had no legitimate claim to be secretary-general of the PDP before reversing the expulsions.
Rukanda last week appealed against the order by Justice Amy Tsaga but the appeal was dismissed on Wednesday by Justice Tawanda Chitapi who found that it failed to comply with the rules.
Mr Settlement Chikwinya, one of the expelled MPs, said the speaker of Parliament must readmit the recalled legislators. Chikwinya said:
If the Speaker of Parliament is to be fair and just, the recently recalled six MPs must be admitted back to parliament.
It is common knowledge that Mudenda is a Zanu PF Politburo member and obviously will await instructions from party HQ before obliging with the court order.
Biti, the MP for Harare East; William Madzimure of Kambuzuma; Chikwinya of Mbizvo; Kucaca Ivumile Phulu of Nkulumane; Sichelesile Mahlangu of Pumula and Regai Tsunga of Mutasa South were expelled last month based on a 2020 Constitutional Court ruling.
The ConCourt ruling said MDC Alliance was not a single party but a coalition of 7 parties, and that each party in the coalition, including the PDP, could recall MPs elected on the Alliance ticket.
MDC Alliance has accused the ruling ZANU PF of orchestrating the recalls to weaken the opposition party.
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