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Chief Justice Chidyausiku

Daniel Nemukuyu Senior Reporter
Chief Justice Godfrey Chidyausiku yesterday ruled that the case in which expelled Bikita West National Assembly member Dr Munyaradzi Kereke is seeking to nullify his expulsion from the House of Assembly should be treated as an urgent matter. The Chief Justice made the ruling after the parties involved agreed that the case was indeed urgent and the registrar of the Constitutional Court has set the main case down for hearing on Wednesday.

Advocate Fred Gijima of FG Gijima and partners represented Zanu-PF while Magaya-Mandizvidza law firm acted for Dr Kereke.
Mr Tawanda Kanengoni and Mr Charles Nyika of Kanengoni and Nyika law firm are representing the Zimbabwe Electoral Commission.
The court also gave the respondents up to tomorrow (Friday) to file their opposing papers.

On Monday midday Dr Kereke is expected to file his answering affidavit as well as heads of argument.
The respondents would file their heads of argument by Tuesday midday a day before the main hearing before the nine-member bench.
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 that party’s ticket from the party’s Masvingo provincial committee.

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.

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.