Madhuku Says the Recalling of Biti and Other MPs is Constitutional

Professor Lovemore Madhuku has alleged that there is no legal ambiguity on the expulsion status of Tendai Biti and other MDC Alliance legislators, following their recall last week

Biti and colleagues Settlement Chikwinya, William Madzimire, Sichelesile Mahlangu, Regai Tsunga, and Kucaca Phulu, were removed from Parliament by their former People’s Democratic Party (PDP) saying they had ceased to represent its interests.

Madhuku said the law was clear and that Biti and his colleagues were no longer lawmakers.

“According to our constitutional law as now spelled out authoritatively by the Constitutional Court, the vacancy of a Member of Parliament who is being recalled arises at the moment the Speaker or the President of the Senate receives the letter that is contemplated in Section 129 (1) (k),” Madhuku argued.

“So the vacancy arises at the moment of receipt of the letter. The vacancy does not arise at the moment the Speaker makes the announcement in the National Assembly or the President of the Senate making an announcement in the Senate.”

Senator David Coltart said Madhuku is wrong to say the recalling of Biti is Constitutional.

Posting on twitter, Coltart said: “With respect to Mr Madhuku he misses the essential point – which is “is the letter valid”? This is the nub of the matter”.

He added that Jacob Mudenda had no right to receive and act on the letter which saw to the recalling of Biti.

“The Speaker cannot and should not receive & act on any letter without a due enquiry. Otherwise I could write tomorrow purporting to be a SG & remove all MPs”.