The 21 were dismissed from Parliament on the grounds that they had crossed the floor to join the Renewal Team led by Tendai Biti.
In their application, the 21, comprising of 17 from the National Assembly and four from the Senate, contended Speaker of Parliament, Jacob Mudenda and the president of the Senate, Edna Madzongwe had erred by expelling them from Parliament following notification from the MDC-T.
They argued that the MDC-T had split into two with both factions claiming to be the legitimate party.
The former lawmakers were arguing as well that Parliament erred by invoking Section 129 (1) (k) of the constitution to announce vacancies saying that the courts were supposed to determine the legitimate owners of the MDC-T.
However, in their head of arguments, Mudenda and Madzongwe through Chihambakwe , Mutizwa and Partners argued that their actions were above board as it was not their duty to determine the legitimate owners of the MDC-T party.
By-elections in the vacant constituencies have since been set for June 10.
Today, Chief Justice, Godfrey Chidyausiku said the application by the 21 former legislators lacked merit.
He upheld the arguments filed by lawyers representing Madzongwe and Mudenda.
“After considering papers filed in this matter and hearing submissions by counsel, the court unanimously concludes that the applications have no merit and are unanimously dismissed. Detailed reasons of judgement will be handed down in due course,” said Chidyausiku.
Speaking after the judgement, the Renewal Team's spokesperson, Jacob Mafume, said: “It’s the beginning not the end. We will continue with the process of renewal. We are not going to participate in the by-elections as far as our resolution stands.”
Post published in: News