HON. GONESE: There is an appeal and the matter is now subjudice ….
THE TEMPORARY SPEAKER: I have not recognised you.
HON. GONESE: I can (cite) our Standing Orders Mr. Speaker where it says that we must not make reference to matters which are subjudice…
THE TEMPORARY SPEAKER: I have not recognised you.
Hon. Gonese approached the Chair.
HON. GONESE: My point of order is that this matter is subject to an appeal and therefore, it is subjudice. Our Standing Orders are very specific; that were matters are under consideration by our courts of law, we cannot make reference to them because they are subjudice. The appeal has been duly noted and it is pending before the Supreme Court.
HON. MLISWA: Mr. Speaker, I totally agree with Hon. Gonese that the Standing Orders are very clear pertaining to issues before the courts. It does not specify that, ‘under appeal before the courts’. He was convicted before the courts. In being convicted before the courts, he must be very specific which Standing Order then said appeal. Appeal does not set aside the judgment because they are still in there. It is the same thing with the Kereke situation. Kereke has been convicted, he is in prison and he has appealed. He is not sitting in Parliament because the court is yet to hear that and that is what it is. That is what I understand about the law.
I want to be very clear about that….
HON. ADV. CHAMISA: On a point of order, this is a very important debate. I am making a supplication to your Hon. Chair that if we may make sure that there is quorum because we need all the members to be here – [HON. MEMBERS: Inaudible interjections.] – We want to see if there is quorum. We want all members to be here. This is very important.
Hon. Adv. Chamisa having consulted with Hon. Gonese.
HON. ADV. CHAMISA: Hon. Speaker, I am the mover of this motion and I want to withdraw it in the interest of our business so that we are able to transact – [HON. MEMBERS: Inaudible interjections.] –
HON. MLISWA: These issues are important and let me on that note, commend Hon. Chamisa who has been visiting the MDC convicted people in prison. I thank you for that because they find solace in that. I have seen him on social media commenting. I think it is very important that as political parties when we allow people to be violent, we also visit them in prison. That only shows that you are human.
On a more serious note, Hon. Chamisa, you have ….
HON. S. CHIDHAKWA: On a point of order, I just want to remind the Hon. Member here that when he is debating, he must also take into cognisance that he is also one of the perpetrators because at one point he beat Hon. Mahoka.
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