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Anger over Mudenda’s “illegal” move

 

THAMSANQA MKANDLA

 

Speaker of Parliament Advocate Jacob Mudenda’s rescinding of a Citizens Coalition for Change (CCC) decision to make key appointments of elected Members of Parliament to crucial committees has been described as a plot to further decimate allies of opposition leader Nelson Chamisa and a response to his threats to action in protest to the August 2023 election result, observers say.

 

Mudenda announced in February this year that the CCC had made appointments of its lawmakers to portfolios in the National Assembly but made a U-turn this week that has raised speculation.

 

“On Thursday 15th February, 2024, I made an announcement in the House on the appointment of several Members of the CCC Party to various portfolios in Parliament.  The announcement was based on a letter authored by one Mr. Jameson Timba, purporting to be the interim leader of the CCC Party,” Mudenda said Tuesday.

 

“On reflection, I should not have acted upon that letter as facts now thereof before me show that Jameson Timba had no locus standi to represent a party in such a manner as I will outline below.”

 

He said Timba was recalled from the Senate by the CCC on November7, 2023, the party which he purported to represent as the acting leader and administrator.

“Considering that Jameson Timba had been recalled by the same CCC Party he was purporting to represent, and that he was also banned by the courts from contesting under the banner of the same CCC Party, his communication to Parliament and the appointments made thereafter, are therefore null and void.  Accordingly, I am rescinding the announcement on the 15th of February, 2024 and referring the matter back to the CCC Party to make the appropriate appointments.”

 

However, opposition activist and Independent councillor Denford Ngadziore speculated that Mudenda wants to appoint “Zanu PF cronies” to the key posts.

 

“He wants to appoint Zanu PF puppets,” Ngadziore said without elaborating.

 

Lawyer and former MP Fadzai Mahere said Mudenda’s move was unlawful.

 

“In terms of what law does the Speaker of Parliament have the power to reverse appointments made by a political party regarding chairs of portfolio committees, especially when he has announced the appointments and the chairs have begun their work?” she asked rhetorically.

 

“Which provision of the Constitution, Standing Orders or any statute empowers the Speaker to declare a political party’s internal officers “null and void”? Given that only a court of law can declare invalidity, is it not this very announcement that is null and void? When the House that is meant to make law, breaks law, what hope is there for the rule of law, constitutionalism and sound legal order? Why reduce the august House to a farcical den of contradiction and illegality?”

 


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