Constitutional Court says Khupe challenge to expulsion 'overtaken by events'

Constitutional Court says Khupe challenge to expulsion ‘overtaken by events’

Madhuku had argued that Khupe was prejudiced of her benefits when she was 'unceremoniously' expelled

Parliament recalls ... MDC-T leader Thokozani Khupe is purging Chamisa loyalists in Parliament

HARARE – The Constitutional Court has dealt Thokozani Khupe a huge blow in her bid to wrest the MDC presidency from Nelson Chamisa, after dismissing her challenge to being expelled from Parliament by the party.

Khupe was expelled by the MDC in April 2018, three months before elections which would have ended her parliamentary term anyway.

She went to the Constitutional Court seeking a declaration that her expulsion by the MDC was invalid, and consequently that Parliament failed to fulfil its constitutional obligation to protect the tenure of seat of a Member of Parliament.

In a judgement delivered on Wednesday, the full Supreme Court bench ruled: “The court holds that the question of whether or not Parliament failed to fulfil its constitutional obligation with regard to the circumstances in which the seat occupied by the first applicant became vacant has been rendered moot by the occurrence of events subsequent to the making of the court application.

“The matter no longer presents a live dispute between the parties requiring the court to hear and determine it in accordance with the principle of justiciability.”

Specifically, the court said Khupe’s term of office as an MP had expired a day before polling day on July 30, 2018, when it “became irrefutably vacant and lost to her.” Her application to be declared an MP would therefore be unconstitutional, the court ruled.

“The matter has been overtaken by events,” the judges said.

The ruling of the highest court in the land could have a bearing on a separate case at the Supreme Court where Chamisa is fighting a ruling of the High Court which would restore the leadership of the MDC to the February 2018 settings when MDC leader Morgan Tsvangirai died.

Chamisa’s lawyers argue in the Supreme Court case that the matter is now moot, after Khupe and Chamisa separately contested the July 2018 elections – Chamisa leading the MDC Alliance and Khupe as leader of the MDC-T.

Judgement is pending in the Supreme Court case.

Professor Lovemore Madhuku appeared for Khupe, while Advocate Thabani Mpofu represented the MDC’s Morgen Komichi who wrote the letter to Parliament withdrawing the whip from Khupe, who was MP for Makokoba.