By 
People’s Democratic Party (PDP) Secretary-General Benjamin Rukanda filed an urgent application with the High Court challenging Justice Amy Tsanga’s ruling which re-instated expelled Tendai Biti and other former members of PDP from Parliament.
Tsanga had nullified the expulsion stating Rukanda, who caused the expulsion of the six PDP members, was not a legitimate official of the PDP.
Following a twist of events Biti and other members bounced back to parliament after being recalled.
Rukanda’s lawyer Everson Chatambudza submitted an application challenging the recall.
“The respondents obtained a default judgment against the second applicant on April 14, 2021 under case HC 5292/29. The applicants have filed an application for recession of the default order under case 1551/21 challenging the default order. The matter is still pending before the honorable court.”
“The effect of the order is to render all other pending matters academic on a technicality without dealing with the real dispute between the parties on merits.”
“The default order declared the second respondent, who defected to another political party as the secretary general (Chikwinya), whose interests he is no longer representing, hence first applicant would suffer irreparable harm. Further ninth (Mahlangu), 11th (Mudenda) and 12th (Parliament) respondents might act according to the default order to the detriment of the applicants,” said Chatambudza.
“Upon verification, it was discovered that the purported summons upon which the default judgment was based had not been served on me at the time they were issued as alleged.”
Last month, Speaker of the National Assembly Jacob Mudenda announced the expulsion of Biti, William Madzimure of Kambuzuma, Settlement Chikwinya (Mbizo), Kucaca Ivumile Phulu (Nkulumane), Sichelesile Mahlangu (Pumula) and Regai Tsunga (Mutasa South).
This was after Benjamin Rukanda, who claimed to be PDP Secretary-General, wrote to the Speaker advising that the six had ceased to represent their party.
Comments