Mudenda says Kereke cannot be booted out because he was elected on a ZANU-PF ticket

Speaker of Parliament Jacob Mudenda yesterday ruled that Bikita West Member of Parliament Munyaradzi Kereke was elected on a Zimbabwe African National Union-Patriotic Front ticket and his purported dismissal from the party was settled out of court because then ZANU-PF secretary for Administration Didymus Mutasa had not followed the party’s constitutional process.

Mudenda was responding to a motion by Movement for Democratic Change- Tsvangirai faction chief whip Innocent Gonese that Kereke should be booted from Parliament because he had crossed floors by rejoining ZANU-PF.

The Speaker said when Kereke took his case to the Constitutional Court after Mutasa expelled him and declared his seat vacant, the Court declared the termination of Kereke’s membership of Parliament null and void.

The Court did not, however, discuss Kereke’s dismissal from ZANU-PF.

“This matter was settled out of court. Hon. Dr. Kereke was elected under the ZANU PF ballot, a reference of which is made in a document received by the Clerk of Parliament titled, ‘Zimbabwe Electoral Commission All Provinces National Assembly Results’”, Mudenda said.

“In an out of court settlement, it was understood that Hon. Dr. Kereke had been sent a letter of purported dismissal by Cde. Mutasa on wrong allegations as Hon. Dr. Kereke’s dismissal from ZANU PF Party had not followed the ZANU PF constitutional process.”

Full response:

MR. SPEAKER’S RULING HON. DR. KEREKE’S PRESENCE IN PARLIAMENT

MR. SPEAKER: Yesterday Hon, Gonese raised a point of order regarding the status in Parliament of Hon. Dr. Kereke and I did promise the hon. member that we will look into the matter and give a ruling today and this is my ruling:-

During the National Assembly’s sitting, yesterday the 4th February, 2015, Hon. Gonese raised a point of order concerning Hon. Dr. Kereke’s status as a Member of Parliament in the National Assembly and his status as a member of the Zimbabwe African National Union Patriotic Front (ZANU PF). On the 30th September, 2013, Hon. D. N. E. Mutasa, the then ZANU PF Secretary of Administration, in terms of Section 129 (1) (k) of the Constitution, notified the Chair that there was a vacancy in the National Assembly in the Bikita West seat by reason of the expulsion of Hon. Dr. Kereke from the ZANU PF Party. Such vacancy was warranted by the fact that Hon. Dr. Kereke had been elected on a ZANU PF ticket.

Acting on the position of the law and being obliged by the Constitution, I wrote Hon. Dr. Kereke to alert him to the correspondence I had received and the vacancy that had arisen. Hon. Dr. Kereke then took the matter to the Constitutional Court. The Constitutional Court, after reading the documents filed, made a ruling on Hon. Dr. Kereke’s membership in Parliament.

The Constitutional Court on the 25th October, 2013, ruled as follows:

1. The termination of the membership of Parliament of Hon. Dr. M. Kereke was null and void and therefore, set aside.

2. Hon. Dr. Kereke is a Member of Parliament and in particular, the National assembly.

Regarding Hon. Dr. Kerekere’s dismissal from ZANU PF and subsequently election as a Member of Parliament on a ZANU PF ticket, the Constitutional Court remained silent. This matter was settled out of court. Hon. Dr. Kereke was elected under the ZANU PF ballot, a reference of which is made in a document received by the Clerk of Parliament titled, “Zimbabwe Electoral Commission All Provinces National Assembly Results”. In an out of court settlement, it was understood that Hon. Dr. Kereke had been sent a letter of purported dismissal by Cde. Mutasa on wrong allegations as Hon. Dr. Kereke’s dismissal from ZANU PF Party had not followed the ZANU PF constitutional process.

Accordingly, the Chair hereby rules that Hon. Dr. Kereke is a Member of the National Assembly, having been elected by the Bikita West Constituency under ZANU PF ticket and that he is a Member of the ZANU PF Party. – [HON. MEMBERS: Hear, hear.]

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