Headlands MP Didymus Mutasa and his Hurungwe West counterpart Temba Mliswa have been stripped of their parliamentary seats by Speaker of the House of Assembly Jacob Mudenda following a request by Zanu PF.
Both Mutasa and Mliswa were recently fired from Zanu PF on charges of indiscipline.This means by-elections will soon be held in the two constituencies to fill the seats. Meanwhile, Mutasa and Rugare Gumbo have lodged a court challenge against President Robert Mugabe and Zanu PF challenging the decision to expel them from the party.The court challenge comes soon after Mudenda’s ruling.
The two believe the congress held between the 2nd and 7th of the December last year was not held in accordance with the constitution of Zanu PF. Mutasa and Gumbo believe the constitutional amendments were adopted in a manner that was ultra vires and inconsistent with the Zanu PF’s constitution.
The two through their lawyers are of the opinion that any appointments made in relation to the adopted constitution are illegal and ultra vires the Zanu PF constitution.Mutasa and Gumbo argue that the lawful constitution must be the one which was adopted in 2005 saying all the votes of no confidence effected against individuals and structures between October and December last year were inconsistency with the party’s constitution and breach Section 68 of the constitution of Zimbabwe.
They are praying that the court declares that the lawful structures be those which were in place as at 30th of September last year.Mutasa and Gumbo believe the denial, refusal and removal of certain individuals from the central committee were in breach of Section 67 of the constitution of Zimbabwe.They also claimed the failure by Zanu PF to hold elections for the post of vice president, second secretaries and the national chairperson was unlawful.