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Lloyd Gumbo Senior Reporter
Zanu-PF has recalled Mr Sylvester Nguni from Parliament following his expulsion from the revolutionary party last week. Mr Nguni represented Zanu-PF in Mhondoro-Mubaira. National Assembly Speaker Mr Jacob Mudenda told the National Assembly yesterday that he had been advised by the party that Mr Nguni had ceased to be a member of the party.

“I have to inform this august House that on the 28th of November, 2015, I was notified by the Zimbabwe African National Union Patriotic Front (Zanu-PF) party that with effect from the 1st of December, 2015, Mr Sylvester Robert Nguni ceased to be a member of the Zanu-PF party,” said Adv Mudenda.

“Accordingly Section 129 (I) (k) of the Constitution of Zimbabwe applies.”

The section states that: “A 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.”

Added Adv Mudenda: “The necessary administrative measures will be taken to inform His Excellency, the President of the Republic of Zimbabwe and the Zimbabwe Electoral Commission (ZEC) of the existence of the vacancies in line with Section 39 (1) of the Electoral Act (Chapter 2: 13) as amended.”

Meanwhile, the National Assembly proceeded to debate the proposed 2016 National Budget despite attempts by MDC-T to scuttle it.

MDC-T Chief Whip Mr Innocent Gonese sought to delay debate on the proposed Budget arguing that it was not in sync with the Constitution.

He quoted Section 301 (3) that states that an Act of Parliament must provide for “not less than 5 percent of the national revenues raised in any financial year must be allocated to the provinces and local authorities as their share in that year”.

He said local authorities had not received such allocations. However, Minister Chinamasa dismissed the claim saying there was no such Act to give effect to the provision. “There is no Act of Parliament to guide me on that. Parliament should put into place an Act required and when it does, I will be ready to comply,” said Minister Chinamasa.

Mr Gonese also said the proposed Budget did not have budgetary allocations to commissions directly but through ministries which was in contravention of the Constitution.

He also cited Section 307 (1) which states that: “If it is found that more money has been expended on a purpose than was appropriated to it in terms of this part, or that money has been expended on a purpose for which no money was appropriated under this part, the minister responsible for finance must introduce a Bill into the National Assembly seeking condonation of the unauthorised expenditure.”

He said Treasury had expended money outside the approved appropriation for 2015. Mr Gonese said there were two remedies to address the problem either deferring debate on the Budget or taking the case to the Constitutional Court.

Minister Chinamasa acknowledged expending money on by-elections that were not budgeted for in order to fulfil another constitutional requirement of holding polls whenever a vacancy existed. He said the ministry had to virament money from other allocations to cater for by-elections.

For that reason, he said he would seek condonation of the unauthorised expenditure. Minister Chinamasa dared Mr Gonese to take the case to the Constitutional Court but he expressed confidence that his interpretation of the law was correct.

MDC-T MP for Kuwadzana Mr Nelson Chamisa chipped in demanding that Minister Chinamasa provide dates of when unauthorised expenditure was carried out to confirm if the Constitutional 60 days had not lapsed.

He said Parliament could not afford to “mutilate and decimate” the Constitution, as such there was need for Parliament to ensure that the constitutional provisions were adhered to.