Zimbabwe: 18 months prison for another MDC MP
By KING SHANGO
Published on: 22nd July, 2009
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ZIMBABWE – HARARE – Meki Makuyane, MDC-T MP for Chipinge South, has been sentenced to 18 months imprisonment after conviction on violence charges, confirming the determined campaign by the Attorney General to slash the MDC majority through arrests.
In Mutasa South, the trial of MDC MP Trevor Saruwaka, who is facing trumped-up charges of public violence together with six other MDC supporters, was on Monday postponed to 17 August when he appeared before Mutare magistrate, Billard Musakwa.
The State alleges that Saruwaka, Ronald Chiwanza, Robson Masara, Promise Mutisi, Farai Muyambwa, Owen Muyambo and Denford Mapenzauswa on 8 May 2008, armed with axes, hoe handles, catapults, knobkerries, bows and arrows, assaulted five Zanu PF supporters in Mutasa South.
The Clerk of Parliament, Austin Zvoma, on July 15 suspended from Parliament, Chipinge East MP, Matthias Matewu Mlambo after he was recently sentenced to 10 months in prison by a Chipinge magistrate, on trumped-up charges of public violence.
The following day, Zvoma, also advised Mutare West MP, Shuah Mudiwa, that he had been suspended from Parliament following his recent sentence of seven years imprisonment on a charge of kidnapping.
Lawyers say Zvoma acted beyond his powers by suspending the two MDC MPs because both MPs have appealed against their convictions and sentences and these appeals have yet to be considered by the courts and/or finalised.
Lawyers said the Clerk of Parliament had no authority under either the Constitution of Zimbabwe or the Standing Rules and Orders of the House of Assembly to purport to suspend any Member of Parliament, therefore the suspensions were null and void.
Makuyana, the MDC MP for Chipinge South who has been sentenced to 18 months imprisonment has appealed, so the decision on whether or not he will forfeit his seat must wait pending the result of the appeal.
Meanwhile, however, he is suspended from exercising his functions as an MP.
Legal experts say under section 42 of the Constitution an MP sentenced to 6 months or more imprisonment “shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member” – and this consequence is not suspended by the noting of an appeal.
If his appeal succeeds, the MP “shall be entitled to resume his functions and receive remuneration … for the period during which he ceased to exercise his functions”.
Makuyane joins two other MDC-T MPs from Manicaland – Matthias Mlambo and Mudiwa – who have also been given lengthy prison sentences and have noted appeals.
For the time being, therefore, MDC-T’s voting strength in the House of Assembly drops by three.
Mlambo said last week that he had been notified of his suspension by the Clerk of Parliament and was considering challenging the suspension letter in the High Court.
But given the clear wording of section 42 of the Constitution, Mlambo’s prospects of getting the suspension overturned by the High Court are slight.
