MPs to challenge unlawful parliament suspension in court

The Clerk of Parliament, Austin Zvoma, last week suspended Chipinge East MP Matthias Mlambo after he was recently sentenced to 10 months in prison by a Chipinge magistrate, on trumped-up charges of public violence. The following day, Zvoma also suspended Mutare West MP, Shuah Mudiwa, following his recent sentence of seven years imprisonment on a charge of kidnapping. Both MPs have since appealed against their sentences and both are out of prison.

The executive director of the Zimbabwe Lawyers for Human Rights, Irene Petras, explained the pairs suspension from parliamentary duties was null and void.

The suspension has been ordered despite the fact that both MPs have appealed against their convictions and sentences and these appeals have yet to be considered by the courts and/or finalised, she said.

Petras said the Clerk of Parliament had no authority under either the Constitution of Zimbabwe or the Standing Rules and Orders of the House of Assembly to suspend any Member of Parliament.

As such, his actions are null and void, Petras said. We will be challenging the unlawful suspensions in court.

Section 42 of the Constitution of Zimbabwe says upon the sentencing of a legislator to death or a jail term of six months or more, such member shall cease forthwith to exercise his functions and his seat shall become vacant at the expiration of 30 days from the date of such sentence. But because Mlambo and Mudiwa both won the right to appeal against their sentences, this allowed them to continue their duties in Parliament, until the matters were finalised.

Petras said the action taken by the Clerk of Parliament usurped the functions of the judiciary and violated the principle of separation of powers.

The unilateral action also violates several fundamental rights and freedoms which are protected under the Declaration of Rights in the Constitution and which the State is obliged to ensure, both on behalf of the individuals, and the constituencies they represent, she said.

The MDCs secretary for Legal and Parliamentary affairs, Innocent Gonese, voiced his support for the MPs court challenges over their suspensions, saying, The whole process smacks of double standards. He explained that other MPs, namely from ZANU PF, have escaped the same measures despite charges being laid against them. The law is being applied selectively and it is not in our (the MDCs) favour, Gonese said.

The MDCs parliamentary majority meanwhile is fast diminishing after another legislator was jailed for corruption this week. Ernest Mudavanhu was handed a two year jail term after he was convicted of corruption involving the diversion of agricultural inputs from the government. He will serve a year in jail after a Harare magistrate Olivia Mariga suspended half of the sentence, with six months for good behaviour and six months on condition he pays a hefty restitution.

In a statement, the MDC said: The MDC is concerned by the continued persecution of its MPs, officials and party activists. The plot to convict the MPs is a well orchestrated plan by ZANU PF and other mischievous conspirators in the inclusive government to decimate the partys majority in parliament.