WILLIAS MADZIMURE & 16 ORS v THE PRESIDENT OF THE SENATE & 4 ORS SEKAI HOLLAND & 4 ORS v THE PRESIDENT OF THE SENATE & 4 ORS

Key Issues

• {"issue_text":"Whether the Speaker and President of the Senate acted lawfully in announcing that the applicants' parliamentary seats had become vacant following written notices from the MDC-T","issue_type":"constitutional","dispositive":"yes","related_facts":"Written notices from MDC-T Secretary General, announcements by presiding officers, applicants' voluntary withdrawal from party"}
• {"issue_text":"Whether section 129(1)(k) of the Constitution requires the Speaker or President of the Senate to conduct a quasi-judicial inquiry into the circumstances of a member's cessation of political party membership","issue_type":"law","dispositive":"yes","related_facts":"Applicants' argument that presiding officers should have investigated the split in MDC-T"}
• {"issue_text":"Whether there was a \"political party concerned\" capable of issuing the written notice under section 129(1)(k) after the MDC-T split","issue_type":"fact","dispositive":"yes","related_facts":"The split in MDC-T and formation of Renewal Democrats Team"}
• {"issue_text":"Whether an act done in terms of the Constitution can violate a person's rights under the same Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The announcements were made in compliance with section 129(1)(k)"}

Background