THE five MDC Alliance MPs who were recalled from Parliament by MDC-T leader Thokozani Khupe last week, have approached the High Court challenging their expulsion.
The affected MPs are; Basilia Majaya, Macharairwa Mugidho, Annah Myambo, Francisca Ncube and Nomathemba Ndlovu.
The five former legislators were elected as proportional representation MPs and were expelled from the House of Assembly for no longer being MDC-T members.
They were recalled together with Amos Chibaya, Happymore Chidziva, Virginia Muradzikwa and Murisi Zvizvai, further deepening the factional crisis within the opposition.
In May, four other MDC Alliance MPs, Charlton Hwende, Lilian Timveous, Thabitha Khumalo and Prosper Mutseyami were recalled while another eight senators were booted out of Senate this week on the same charges.
The five MPs deposed an affidavit Thursday through Majaya seeking a declaration that their expulsions were unlawful.
Cited as respondents in the court application are; MDC secretary general Douglas Mwonzora, Khupe, MDC-T, Speaker of Parliament Jacob Mudenda, and Parliament.
“This is an application for a declaratur seeking to set aside my expulsion and termination from Parliament. More particularly, we seek a declaratur to the effect that the 4th Respondent’s (Mudenda) actions in purporting to effect our recall were wrongful and unlawful,” said Majaya.
“The 4th Respondent had been specifically requested not to effect any recalls of any Member of Parliament or anyone elected or appointed to Parliament on an MDC Alliance ticket pursuant to the 30th of July 2018 elections after being requested to do so by Mwonzora, Khupe, and MDC T.
“The Speaker’s actions through Mwonzora and Khupe in making a declaration of my status and purporting to recall us was wrongful and unlawful.”
Majaya said Mudenda acted unlawfully in accepting an instruction from a political party, MDC-T, which was not a political organisation that they belonged to at the time of the election and presently.
“In announcing my expulsion by a party other than the MDC Alliance, the Speaker exercised a quasi-judicial function under circumstances where he unlawfully failed to hear us or respect our due process rights.
“Further having dealt with us for two and half years as MDC Alliance, he was stopped and barred from treating us any differently or giving us a new label or name without due process. Had he been acting objectively, without malice, bias, or ill-motive, he would not have acted upon or effected the glaringly unlawful declaration,” the affidavit reads.
“In 2018, we voluntarily chose to be part of the MDC Alliance. The 3rd respondent and those who follow it chose a different route. No force of power can suddenly conflate us.
“In the circumstances, I thus pray for an order setting aside the 23rd of June 2020 declaration and our expulsion from Parliament by the Speaker on 23 June 2020 as more fully appears in the declaratory order which is part of this application.”
The five are represented by Mbizo, Muchadehama and Makoni legal practitioners.
The matter is yet to be heard.