The Constitutional Court is on Tuesday set to give its ruling over the application by 21 MDC Renewal Team legislators who are challenging their expulsion from the MDC-T and parliament on the basis that both processes were unconstitutional.
The Speaker of the National Assembly, Advocate Jacob Mudenda, who is cited as the first respondent, argues that the applicants’ challenge lacks merit and is incapable of sailing through the highest court of the land.
The group approached the court after they were recalled by their party from Parliament for forming a political party.
In seeking the intervention of the highest court on the land, the 21, who are represented by another expelled member, Tendai Biti, accuse the President of the Senate, Parliament, the President and the Zimbabwe Electoral Commission (ZEC) of violating their constitutional rights.
In a lengthy response to the challenge, Advocate Mudenda attacked the application for being devoid of merit, adding that the 21 no longer belong to the political party under whose tickets they were elected to the National Assembly.
Advocate Mudenda also argued that following the expulsion of the 21 through a letter from the Secretary General of the MDC-T, Mr Douglas Mwonzora on the 10th of March, his announcement on the fate of the applicants on the 17th of March and the proclamation by the President on the 27th of March setting dates for the by-elections of the vacated seats, the 21 did not act to challenge the process.