Charlton Hwende and Prosper Chapfiwa Mutseyami and Thabita Khumalo v The Speaker of the National Assembly and Parliament of the Republic of Zimbabwe and Douglas Togarasei Mwonzora and Thokozani Khuphe and The Movement for Democratic Change-Tsvangirai (MDC-T)

HH 341-21

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Case Details

Court

Harare High Court

Date

1 July 2021

Citation

HH 341-21

Neutral Citation

[2021] ZWHH 341

Outcome

unknown

Case Type

Application

Bench

Presiding

Kwenda J

Full Bench

Kwenda J

Areas of Law

Constitutional lawAdministrative lawParliamentary law

Keywords

Section 129(1)(k) ConstitutionParliamentary vacanciesPolitical party membershipMDC AllianceMDC-T

Key Issues

{"issue_text":"Whether this court has jurisdiction to hear disputes concerning parliamentary membership under section 129(1)(k)","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Applications challenge declarations made to Parliament"}
{"issue_text":"Whether the relief sought is competent as a declaratory order","issue_type":"procedural","dispositive":"yes","related_facts":"Application named as declarator but seeks setting aside of declarations"}

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background

Facts of the Case

Background

Members of Parliament who were elected under the MDC Alliance ticket were expelled from Parliament following declarations by MDC-T that they had ceased to be members of that party. The applicants challenged their expulsion arguing that MDC-T had no authority over them as they belonged to MDC Alliance.

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