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Court Reporter

THE man who recalled MDC-Alliance vice president and legislator, Mr Tendai Biti and five others from Parliament, is not a member of People’s Democratic Party (PDP), the High Court has ruled.

Speaker of the National Assembly Advocate Jacob Mudenda announced the expulsion recently after Mr Benjamin Rukanda, acting as PDP secretary-general wrote to him advising that the six had ceased to represent their party.

Other members who were recalled are William Madzimure of Kambuzuma, Settlement Chikwinya of Mbizo, Kucaca Ivumile Phulu of Nkulumane, Sichelesile Mahlangu of Pumula and Regai Tsunga of Mutasa South constituencies. The PDP challenged the expulsion at the High Court seeking an order declaring the recalls null and void, and declaring Mr Chikwinya as the party’s secretary-general. 

But Justice Amy Tsanga yesterday ruled in favour of Mr Biti and his co-legislators.

However, law expert Mr Obert Gutu said the decision can be taken up to the Supreme Court on appeal.

“The noting of an appeal immediately suspends the operation of the judgment appealed against,” said Mr Gutu. 

Mr Biti and fellow PDP legislators, who were elected to Parliament under the MDC-Alliance banner in the 2018 elections, lost their bid to remain in Parliament after the High Court last month ruled that they can all be recalled from their positions.

High Court judge, Justice Sylvia Chirawu-Mugomba, had ruled that the PDP faction led by Lucia Matibenga had the power to recall the party’s MPs and councillors who have joined the post-election MDC-Alliance.

So far, dozens of MDC-A legislators and councillors have been recalled from Parliament by the official opposition party led by Mr Douglas Mwonzora.

The MPs were recalled in terms of a constitutional provision that declares seats vacant held by members of the party that sponsored them in the last election.

During the formation of the MDC-A before the 2018 elections, the parties that formed the alliance were each allocated constituencies to nominate a single MDC-A candidate, while negotiations produced lists of nominees from each formation for the proportional representation seats in the National Assembly and the Senate.