In a court application he filed on Monday, Zvoma argues the motion moved by MDC-T MP for Hwange Central Brian Tshuma is a political ploy to oust him by both MDCs and that he will not be given a fair hearing.
Zvoma further says Moyo, an MDC-T legislator, chairs Parliament’s Committee on Standing Rules and Orders, which can exercise any action against him, saying there would be conflict of interest.
Zvoma further wants parliament to be interdicted from proceeding with the motion arguing the matter is already before the courts.
But in a ruling on the matter on Thursday, Moyo insisted parliament is an autonomous arm of the state adding that this violated the doctrine of separation of powers.
Moyo told Parliament a matter in which a judicial decision was pending was one where pleadings have been closed and all parties in the case have submitted their arguments to the court and await the judge’s decision.
“The mere filing of the court application is insufficient to warrant the revocation of standing order 62 (b),” he said.
“If the speaker was to expunge the motion on the order paper on the basis of someone having merely filed a court application, the house will never conduct any business.
“In any event, parliament has not received a court order barring debate on the motion.”
Moyo said the role of the Speaker was to “chair the house and ensure that all members of parliament were afforded an opportunity to exercise their constitutional role as they debate upon matters in the august house of assembly”.
“The speaker does not descend into debates,” he added, “He maintains an impartial role in refereeing the conduct of the debate regardless of the content of the debate.”
In some of the arguments, Zanu-PF MPs say Moyo is being “cited” in the motion having been the main beneficiary of a flawed election process August 2008 in which MDC-T MPs want him punished for failing to conduct.
“The reasons put forward seeking the Speaker’s recusal are insufficient for such action because the motion refers to the flawed election process not the officer elected as a result thereof,” Moyo said.
“Further, the speaker and all the chairs of the house are cited in the court application leaves an untenable situation that no presiding officer can chair over the debate of the motion.
“The matter before this house relates to the internal procedures of the legislative arm of government.
“Unwarranted interference in these internal processes seriously undermine the authority and integrity of the legislative arm of government and compromises the doctrine of separation of power.”