Kereke takes Zanu-PF to Constitutional Court

mkereke

Dr Kereke

Zvamaida Murwira Senior Reporter
EXPELLED Bikita West National Assembly member Dr Munyaradzi Kereke has approached the Constitutional Court challenging his ejection from Parliament, saying he had ceased to be a Zanu-PF member by the time he was elected on July 31.Dr Kereke’s application follows the announcement by National Assembly Speaker Cde Jacob Mudenda last week that Dr Kereke had ceased to be a legislator for Bikita West after Zanu-PF Secretary for Administration Cde Didymus Mutasa wrote to Parliament saying Dr Kereke had been expelled from the revolutionary party.

Dr Kereke romped to victory in Bikita West on a Zanu-PF ticket, beating Cde Elias Msakwa (Zanu-PF) and Mr Heya Shoko (MDC-T) after getting the nod to stand on Zanu-PF’s ticket from the party’s Masvingo provincial committee.

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Some elements in the revolutionary party, however, disowned him, saying they recognised Cde Msakwa as the official candidate. Acting on the letter from Zanu-PF, Cde Mudenda invoked section 129 (1) (k) of the Constitution relating to the tenure of a Member of Parliament to declare the Bikita West seat vacant.

In his challenge, Dr Kereke said the section which both Zanu-PF and the Speaker relied on to expel him from Parliament did not apply to his situation.

Dr Kereke cited the Speaker of the National Assembly, Zanu-PF and the Zimbabwe Electoral Commission as respondents. Section 129 (1) (k) of the Constitution stipulates that: “The seat of a Member of Parliament becomes vacant – (k) if the member has ceased to belong to the political party of which he or she was a member when elected to Parliament and the political party concerned, by written notice to the Speaker or the President of Senate, as the case may be, has declared that the Member has ceased to belong to it.”

In his papers, Dr Kereke said the section did not apply to his situation because he ceased to be a member of Zanu-PF on July 10 as evidenced by a letter written by Cde Mutasa.

“Thus whilst my nomination had been on a Zanu-PF ticket, the fact was, and remains, that I was not a member of Zanu-PF on the 31st July 2013 when I was elected as House of Assembly Member for Bikita West.

“The party did not give me any sponsorship. I financed my own campaign whilst the party sponsored one Elias Musakwa, who got a new motor vehicle, regalia and other campaign material.

“I did not get similar support from the party given that I had been expelled. The moment the party advised me to stop using party regalia, I complied and discontinued the use thereof.”

Dr Kereke argued that Zanu-PF recognised the “explicit fact” that he ceased to be a member of that party prior to July 31 2013 and suggested that he was an independent candidate, as widely publicised in the media.

By this time, Dr Kereke said, it was too late for the Zimbabwe Electoral Commission to change the ballot papers and indicate that he was an independent candidate.

“This act, however, was well-known to the electorate and everyone concerned by reason of a well orchestrated media campaign,” he said.
“The party further boldly acknowledged this fact in its letter dated September 30 2013 to the Speaker of the National Assembly.”

The letter written to the Speaker reads as follows: “I write, Honourable Speaker, to advise that Honourable Dr Munyaradzi Kereke who stood as a member of the House of Assembly for Bikita West Constituency, had ceased to be a member of Zanu-PF on July 10 2013.”

Dr Kereke said: “It is clear that by July 31 2013, the second respondent (Zanu-PF) did not consider me to be its sponsored candidate. The electorate knew that I was not a Zanu-PF candidate.

“Accordingly, therefore, the notification to the Speaker is a clear misapplication of section 129 (1) (k) of the Constitution.”
He submitted that Cde Mudenda had disregarded representations he made to him and that he was not given an audience before a determination was made and subsequently before the public announcement.

Dr Kereke said that in constitutional construction, one did not depart from the literal meaning of legal words used by the legislature unless doing so would lead to absurdity, saying the meaning of section 129 (1) (k) was clear and leads to no absurdity.

Cde Mudenda, Zanu-PF and ZEC were still to respond to the application.

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  • che guevera

    In all sincerity, the issues of Cdes Samkange and Munya Kereke calls for us as ZPF TO BE CONSIDERATE…..While the comrades are to blame for defying party orders, it remains clear that the two were the favourites to our electorate….Otherwise why did our prefered candidates lose…We dont want to end up like md**** which lost dissimally due to imposition of candidates…Ngativapei mamwe ma sanctions vadzoke mubato. Ko inga vana Professor Jona vakadzoka wani….

    Ivowo ma cdes aya ngavavewo remorseful….Why is it that to this end they have not written to the party for its linience…I know the two cdes personally and for sure they remain ZPF…..

  • G Tichatonga

    Well, I think that he has a point – let him be. His is a very long road with many a winding turn. Be patient, he will get his comeuppance soon enough.

  • Battle Begins

    Mira uone zvako

  • charlie

    Dr Kereke won after having been dumped by his own party. The media was awash with information pertaining his expulsion. Even the first secretary of the party announced in through electronic media that Kereke was not part of Zanu PF. I think the pple in Bikita wanted the Dr and they still want him. Throwing Kereke out of parliament is tantamount to throwing out the pple of Bikita from national agendas.

  • harurwa for va dumas

    We want Dr Kereke to lead us .please dont impose failures like musakwa to us.Dr Kereke is one who can bring development to our marginalised district .Why did we not get the graders which other rural district councils got?

    • tman snr

      From the look of things, ZANUpf should consult the people of Bikita concerning their prefered MP to avoid imposition of MPs. Make own survey. If its Kereke or Musakwa fair and fine.

  • Chris

    Yes, Go Kereke Go!!! Whilst you have skeletons in your cupboard which i fervently pray that one day you shall have your day before a competent court of Law, on this one i stand by you- Shame, Shame Shame them!!!

  • Munhu Chaiye

    Iyi ndiyo shaisano. Tadii tangofamba sezvasarudzwa neruzhinji. Ndirozve gwara regutsa ruzhinji.

  • shapushuta

    In a free and truly independent country……….. Continue Reading

  • jakara

    Regaiwo kereke ari mp kani , apa panenge parikuda kushandiswa musangano wedu wezanupf nedzimwe shasha kugadzirisa mapersonal vendetas, vakomana musadaro. vanoongorora nyaya iyi ngavave vanhu vanotarisa nyaya senyaya kwete munhu ngekuti kereke namusakwa ndinoona sekuti vese vana vevhu, dambudziko rangoitika apa inyaya yekudya chete,sezvinoita makudo.

  • Nyasia

    The people of Bikita have spoken. Dr. Kereke “Kereke ndizvo”

  • Goreraza

    ZANU-PF must clean up the mess here. There is some small politics at play here, or there is something big that we do not know. But clandestinely fighting wars like these is not healthy for the ruling party. We start to wonder, why a shining star like Kereke is being targeted. he has done well on the business front, establishing a state of the art clinic in Mt Pleasant, Harare, and supporting his community back in Bikita West. It’s cool for some of us when President Mugabe preaches black empowerment to see people like Kereke emerging. But to see them being shot down again, then we become worried. zanu-PF must come out clean, they should tell us why they are being harsh on Kereke like this before people start losing faith in them again. Have the party forgotten the problems of 2008? I think Zanu-PF needs more friends than enemies at the moment. Zanu-PF needs to tread cautiously than kungokonzeresa noise nekutaurwa zvisina basa. Why give the enemies news this way?

  • Zimbo1

    Apa ndipo pasina nyaya apa, this guy contested as an independent as he was expelled from the party before the elections, vakavhota new that and voted him to win and if another election is to be held then he might win again. A by-election will cost us unnecessary money that can be used to improve our social services so it’s better if the court leaves him as a winner, after all what’s the big difference to Zanu-pf when it has the majority already.

  • Mizha

    If Cde Mutasa wrote to Dr Kereke on July 10, indicating that he was expelled from the party then why is the ruling party claiming that he won on ZANU-PF ticket. The mere fact his name was listed under ZANU-PF together with Cde Musakwa (the preferred candidate) is an irrelevant point because if the people wanted the party backed candidate, they could have voted for Cde Musakwa instead of Dr Kereke. The first secretary of the party openly declared that Dr Kereke was not the party’s candidate in line with the rules and the vetting done by the ruling party. The media went berserk declaring that Dr Kereke was buried. So how can the ruling party expel Kereke who seized to be a member of the party on July 10 before the July 31 elections? On this one, the ruling party erred. Let the con court decide.

  • MANGWENDE WE CHINHOYI

    I normally do not waste time before I put forward my own comment and unmistakably, in support of my ZPF party. I am still trying to understand this which to me is a confusion because I thought Dr Kereke was and is ZPF. This is unfortunate.

  • Mimi

    It is obvious that ZANU-PF now thinks that they do not need the Bikita West seat. I come from Bikita, Charamba and we are never going to vote for Mswaka nyangwe zvikadini. Bikita West people have brains to think on their own and we voted for Kereke. What is happening makes me think of the Professor Jonathan Moyo issue – apa ZANU-PF bvumai kudzorwa. Imposition of candidates is not going to work.

  • Mimi

    A political solution, maturity and soberness is needed on the Kereke issue. Most of us are going to take leave to ensure that Kereke rewins the Bikita West seat. But obviously ZANU-PF now think that it is sitting pretty and shall not need the Bikita West seat. Regai muone.

  • Clyford

    I do undestand Kereke’s argument but i dont see him winning this case, in any court in Zimbabwe. It is for god reason also that he loses it. Firstly, Kereke appeared on the ballot paper as a ZANU PF candidate. It is very difficult to convince me that every voter understood that he was representing himself as an independent candidate. If indeed they understood that, he has nothing to fear beacuse he will still win the election if it were to be called again.
    Secondly and lastly, Kereke should know that Zimbabwean judges represent the interest of ZANU PF and not anyone else. I mean, where ligation issues involve ZANU PF interests against those of anyone, the latter will prevail. This is no different issue from the MDC party challenging the election outcome. So prepare yourself for the verdict that is not in your favour.

  • ngozia

    zvinoodza mwoyop yedu isu tinoshandira musangano weruzhinji kana poita mapersonal. politics is a game of numbers if KEREKE thinks he has the people ngavakwikwidzane tione anodiwa. problem itori tii is that once the people of Bikita vote the underdog they will not get a fair share kusvika vapfidza. Akaramba aripo Bikita West hailume hapana zvekuitirana tsitsi , achakura agotongavo asi kwazvino watoremerwa naVAMUDENDA chaivo asi Bikita ichiti tinomuda. Bikita be warned munhu wenyu anotanga nyaya dzaasingapedzi okupfidzisai ,chabuda hapana maibata.. That’s the game Musangano looses very little from putting tthis boy into line now that this time tine majority pava kungoda tsitsi dzevakuru apa. batsirayi vana kunze kuri kutonhora/kupisisa here hatichaziva asi JONA says its cold out there!