In a surprising twist, recalled Chamisa MPs have slapped Thokozani Khupe and Douglas Mwonzora with two more urgent court Interdict cases.

In both cases, Chamisa MPs want to stop Mwonzora from replacing 8 recalled senators and 5 recalled MPs from Parliament.

However, the recalled Chamisa MPs and Senators have failed to produce a copy of their nomination forms.

Case 1

Applicants

1. Bacilia Majaya

2. Macharairwa Mugidho

3. Anna Myambo

4. Francisca Ncube

5. Nomathemba Ndhlovu

 

Respondents

  1. Douglas Mwonzora

2. Thokozani Khupe

3. MDC-Tsvangirai

4. Parliament Speaker

5. Parliament of Zimbabwe

6. ZEC

7. ZEC Chairperson

 

Lawyers

Mbidzo, Muchadehama and Makoni

 

Case 1

On 23 June the five MPs were recalled by Respondents 1, 2 and 3.

 

Case 2

On 30 June the eight senators were recalled by Respondents 1, 2 and 3

Arguments

  • Douglas Mwonzora’s position as SG of the MDC has expired
  • MDC-Tsvangirai was on the Ballot, at the same time as MDC Alliance ( There was no MDC-Khuphe)
  • MDC Alliance Is a Political Party
  • The MPs were not given a chance to be heard before they were re-called
  • The Electoral Act does not allow it
  • There are pending court cases on the same matter (HC3318/20, HC2308/20, HC2351/20, HC2356/20 and HC2847/20)
  • There is no requirement for a party to provide a constitution
  • The Speaker can not make the decision of merging two parties
  • MDC Ceased to exist in May 2018
  • The MDC Constitution does not allow Mwonzora to write letters without the authority of the executive and the National Council.
  • There is no provison for summary dismissal of members

Strengths of the cases

  • A similar case by Thabitha Khumalo has succeeded, However, it was immediately appealed (HC370/20)

Weaknesses of the Cases

  • The MPs do not have a copy of their nomination forms
  • The Applicants are dismissing the Supreme Court ruling. Chamisa is continuing to pretend as if the Supreme Court Judgement does not exist.
  • The respondents are Proportional Representative MPs and were not elected

 

Case 2 (HC2408/20)

Applicants

1. Gideon Shoko

2. Helen Zivira

3. Tapfumanei Wunganai

4. Meliwe Phuti

5. Phylis Ndlovu

6. Hebert Sinamapande

7. Keresenci Chabuka

8. Spiwe Ncube

 

Respondents

  1. Douglas Mwonzora

2. Thokozani Khupe

3. MDC-Tsvangirai

4. President of the Senate

5. Parliament of Zimbabwe

6. ZEC

7. ZEC Chairperson

Lawyers

Musendekwa Mitsi Legal Practitioners

New Developments

  • ZEC has withdrawn its notice that by-elections can not be held during the lockdown

 

 

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