BULAWAYO – Bulawayo High Court judge, Justice Nicholas Ndou today begins hearing an application by legislators expelled from the Arthur Mutambara-led MDC faction seeking an order barring Parliament from ejecting them from the House.

The three – Abednico Bhebhe (Member of Parliament for Nkayi South); Njabuliso Mguni (Lupane East) and Norman Mpofu (Bulilima East) – who were ejected from the party three weeks ago, also want the court to bar by-elections in their constituencies.

Justice Ndou set Wednesday as the hearing date for a High Court application filed last Thursday by the expelled legislators, seeking an interdict stopping Parliament from declaring their seats vacant.

In a court application through their lawyer, Thamsanqa Khumalo, the three legislators sought to be granted an order staying and suspending their expulsion from their party in a bid to retain their Parliament seats.

Khumalo confirmed to ZimOnline that the hearing date for the expelled legislators begins today.

“High Court Judge, Justice Ndou, has set Wednesday as the hearing date where all the parties involved are expected to attend the hearing and file their arguments,” Khumalo said.

In court papers filed last week, Khumalo cited the MDC-M national disciplinary committee chairman Lyson Mlambo, the MDC-M party, House of Assembly Speaker Lovemore Moyo and Clerk of Parliament Austin Zvoma as the first, second, third and fourth respondents respectively.

Bhebhe, Mguni and Mpofu were expelled over charges of indiscipline and disrespecting the party leadership. Alex Goosen, a member of the executive council was also expelled over the same charges.

The expelled legislators deny the charges.

After their dismissal, party secretary general Welshman Ncube advised the Speaker of Parliament of the vacant seats to pave way for by-elections. Ncube added that pending the holding of by-elections, the expelled legislators should be ejected from Parliament or stopped from attending parliamentary sessions under the party name.

According to the country’s Electoral Act, a presidential proclamation should be gazetted within 14 days after Parliament has notified the President of a vacant seat to pave way for the by-elections.

About 10 by-elections are due at various constituencies following the arrest of former opposition legislators on various charges or due to their death. – ZimOnline

By Zimonline