Nyemudzai Kakore : Herald Correspondent
Chimanimani West National Assembly member Engineer Munacho Mutezo faces a recall from Parliament following his expulsion from Zanu-PF last week. In terms of the Constitution, if a member of Parliament loses his/her seat after he/she ceases to belong to a political party where he/she was a member of.Eng Mutezo’s ouster comes after the Politburo upheld recommendations by the Zanu-PF disciplinary appeals and review committee of the Central Committee, chaired by Vice President Phelekezela Mphoko, to expel the suspended legislator after he failed to defend himself on the allegations he was facing.
Section 129 (k) of the Constitution states: “The seat of a Member of Parliament becomes vacant 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 the Senate, as the case may be, has declared that the Member has ceased to belong to it.”
Legal experts yesterday said that the pending expulsion of Eng Mutezo from Parliament will become fruitful upon such a time the Speaker of the National Assembly Jacob Mudenda receives official communication from Zanu-PF of his ouster.
Prominent Harare lawyer Mr Terrence Hussein said according to the operation of the law, Eng Mutezo is still Chimaninmani West legislator and will cease to be one after the ruling party confirms its decision in writing to the Speaker of the National Assembly.
University of Zimbabwe law lecturer Professor Lovemore Madhuku said; “There are two decisions here — one of expulsion from the party, and another one of being recalled form Parliament.
“His party can decide to expel him, but can also allow him to continue as the legislator of his constituency and as we speak, he is still an MP who is enjoying his full benefits.”
The expulsion of Eng Mutezo from Parliament would pave way for a by-election in the Chimanimani West constituency.
Eng Mutezo’s pending recall from Parliament comes hard on the heels of the recall of Norton legislator Mr Christopher Mutsvangwa after Zanu-PF said he had remained unrepentant.