Flag jacket MP loses case

Fidelis Munyoro Chief Court Reporter
MDC-T legislator Trevor Saruwaka’s bid to enforce his right to freedom of conscience and religion by wearing a jacket bearing colours of the national flag has been shattered after the High Court in Harare threw out his application. Mr Saruwaka, a Member of Parliament for Mutasa Central, caused a scene when he entered the National Assembly wearing the jacket last year. In a judgment delivered last week, Justice Lavender Makoni found no merit in Mr Saruwaka’s application and dismissed it with costs.

“After going through the submission by the parties, the application be and is hereby dismissed,” read the operative part of Justice Makoni’s judgment. Applicant (Saruwaka) to pay respondent’s costs.” Mr Saruwaka had approached the High Court contesting his ejection from the National Assembly for wearing a jacket with the country’s flag colours.

He argued that his ejection from the August House last year for wearing the controversial jacket was unlawful and a violation of his right to freedom of conscience and religion. It was also the legislator’s contention that the colours were in accordance with his Rastafarian faith. In his application, Mr Saruwaka listed Speaker of the National Assembly Advocate Jacob Mudenda and the chief security officer of Parliament as respondents.

Through his lawyers Kadzere, Hungwe and Mandevere attorneys, Mr Saruwaka argued that Adv Mudenda had no right to determine the colour of clothes his client should wear in Parliament. It was also argued that there were no provisions in the Standing Rules and Orders of Parliament that barred Mr Saruwaka from wearing such colours. Being of the Rastafari religion, the lawyers argued, Mr Saruwaka had a right to freedom of conscience and religion in terms of Section 60 of the Constitution.

The right included propagating his religious beliefs, whether in private or in public, within the confines of the law, argued the lawyers. The lawyers also argued that by denying the legislator access to the National Assembly, Adv Mudenda had elevated himself above the Constitution without lawful cause. Adv Mudenda, who was represented by his lawyers Mr Simplisius Chihambakwe of Chihambakwe, Mutizwa and Partners, argued that he had the discretion to determine whether the apparel an MP wore befit the dignity of the August House or not.

He referred to a ruling that Parliament made on May 18 last year banning legislators from bringing the national flag into the House. Further, Mr Chihambakwe argued that Adv Mudenda exercised his powers in terms of Order 76 of the National Assembly Standing Orders and Rules.

According to the rules, the attire for males is prescribed to be a suit, jacket and tie. Mr Chihambakwe also accused Mr Saruwaka of jumping the gun when he rushed to the High Court without exhausting Parliament internal remedies at his disposal. Mr Saruwaka’s National Assembly spectacle took place after Adv Mudenda ruled in June last year that the national flag would not be allowed in the House. This followed the “abuse” of the flag under the #ThisFlag campaign. Several MDC-T legislators, including Mr Saruwaka, had entered the house wearing national flags around their necks.

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