via David Butau fights expulsion | The Herald July 13, 2015
Expelled Mbire legislator Mr David Butau has approached the Constitutional Court seeking to reclaim his National Assembly position. Mr Butau also seeks to bar any by-election in Mbire. He also argues that his expulsion from Zanu-PF and from Parliament was unconstitutional.
Mr Butau also filed a separate chamber application for his main challenge to be heard on an urgent basis by the full bench of the Constitutional Court.
Zanu-PF, Speaker of Parliament, President Mugabe and the Zimbabwe Electoral Commission were listed as respondents in the application filed by Mugiya and Macharaga law firm.
Mr Butau argued that Zanu-PF breached his rights to equal protection of the law, administrative justice as well as fair hearing and access to some other tribunal or forum.
He also argued that the party breached his right to join and participate in the activities of a political party of choice and his right to stand for election for public office.
Mr Butau argued that his expulsion from Zanu-PF was unlawful.
“I am convinced that my expulsion from first respondent (Zanu-PF) is unlawful. It is so in many respects and on several legal premises. It was contrary to the first respondent’s constitution (party constitution), the rules of natural justice, and indeed the national Constitution”.
Mr Butau, together with several other party members linked to former Vice President Dr Joice Mujuru’s cabal that was angling to illegally remove President Mugabe, were recently kicked out of Zanu-PF.
They were accused of gross misconduct for their alleged involvement in a plot to unconstitutionally unseat President Mugabe. Meanwhile, the Constitutional Court will this Friday hear a case in, which fired Mwenezi East legislator Mr Kudakwashe Bhasikiti is seeking an order to quash President Mugabe’s proclamation of a by-election set for September 19 this year.
On the same day, the Supreme Court is also expected to determine an appeal by Mr Bhasikiti against the dismissal of his review application by the High Court.
Justice Chinembiri Bhunu last week dismissed the review application on the basis that Mr Bhasikiti had failed to utilise the available domestic remedies in terms of the party constitution before rushing to court.
He ruled that Mr Bhasikiti ought to have appealed to the Central Committee first before filing a court application for review.
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