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Judge Dismisses Dumped MDC-T Senator’s Urgent Court Application

FILE: Zimbabwe's Prime Minister Morgan Tsvangirai gestures during a news conference, Harare, Aug. 3, 2013.

The High Court has dismissed former Movement for Democratic Change senator Matson Hlalo’s urgent application to bar the party from recalling him from Senate.

In a brief statement Thursday, Justice Nokuthula Moyo said the court had found no compelling reasons to handle the case as an urgent matter. The court ordered Hlalo to bear the costs of the litigation.

In his application, Hlalo had asked the court to set aside his recent recall from the Senate as well as his dismissal from the party. He had also sought an interim order to stop the MDC-T led by Morgan Tsvangirai from appointing another person as senator until the matter had been finalised.

Lawyer Kholwani Ngwenya, who was co-representing the MDC-T with the party’s secretary general Douglas Mwonzora told Studio 7 that the decision meant that the MDC-T could now proceed with replacing Hlalo from Senate.

Ngwenya said, “The implication of this decision is that he is therefore recalled from parliament. He can no longer represent the MDC-T as a senator. The MDC-T party can then proceed to second someone and indeed they have already seconded someone by the name of Victor Mapungwana to fill that vacancy which has been left by Matson Hlalo.

Efforts to get comment form Hlalo were fruitless as he was not reachable on his mobile phone. Ngwenya said although Hlalo has an option to pursue the matter further, his chances of success are very slim.

Hlalo’s clash with the MDC-T emanates from his refusal to accept the election of Gift Banda as the party’s chairperson for Bulawayo province. Hlalo contended that the election of Banda in 2014 was marred by violence. His fight over Banda’s election is still in the courts.