HARARE - Constitutional law expert, Lovemore Madhuku Clerk of Parliament Austin Zvoma said the ruling by the Supreme Court invalidating the election of the Speaker two years ago meant he also loses his seat. Zvoma said that in terms of the Constitution, once one is elected Speaker, that person ceases to hold a seat in Parliament, therefore a by-election was needed to find a replacement for the dethroned Lovemore Moyo in Matobo North.
Madhuku said the law was crystal clear that Moyo should not lose his seat if he Supreme Court ruled that his election was invalid.
“The vacancy is created, not by the resignation of the MP on becoming Speaker, but automatically by operation of law the moment the MP becomes Speaker,” Madhuku said in his presentation to the Attorney General. “The Supreme Court has ruled that Lovemore Moyo never became a Speaker. Consequently, at law, the seat never became vacant. At law, Lovemore Moyo has always been the MP for Matobo North.”
Madhuku said that if a by-election had been held in Matobo North prior to the Supreme Court ruling, the ruling would have the effect of voiding that poll. Madhuku said the Clerk must be guided by the AG, according to the Constitution.
“It is my further view that the Clerk of Parliament must be bound by and only act on the basis of, your views on the interpretation of the Constitution,” Madhuku said. “It would be contrary to our constitutional edifice if the Clerk of Parliament were to proceed on such matters outside the written and public views of the Attorney-General.”
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