Extract from Veritas Bill Watch 21/2009 - An MP or Senator convicted of an offence and sentenced to six months or more imprisonment is immediately suspended from Parliament and will eventually lose his or her seat unless the sentence is reduced or set aside on appeal [Constitution, section 42]. Consequently, the seat of any legislator accused of a serious offence must be regarded as under threat. There are 6 MDC-T seats currently in this category:
Mathias Mlambo, MP for Chipinge East – sentenced to 10 months’ imprisonment for obstructing the course of justice. He has been granted bail pending the hearing of his appeal. His suspension as an MP continues despite his release on bail [Constitution, section 42].
Shuwa Mudiwa, MP for Mutare West – in prison awaiting sentencing on 27th June on a charge of kidnapping. His lawyers have already said the conviction will be challenged in the High Court, claiming the charge is unfounded and politically motivated. As the maximum sentence for kidnapping is imprisonment for life, so a sentence of more than 6 months is conceivable – which would mean suspension and, depending on the result of the appeal, possible loss of seat for Mr Mudiwa.
Meki Makuyana, MP for Chipinge South – on trial for kidnapping.
Blessing Chebundo, MP for Kwekwe Central – arrested on a charge of rape and on bail awaiting trial. [The maximum sentence for rape is imprisonment for life.]
Trevor Saruwaka, MP for Mutasa Central – facing political violence charges.
Senator Roy Bennett – due in court on 1st July on charges of possessing arms of war [which might also attract a heavy sentence in the event of a conviction].
Lynette Karenyi, MP for Chimanimani West’s case is slightly different – her right to the seat is being challenged in a High Court civil case by her March 2008 ZANU-PF opponent, on the basis of her conviction for involvement in the forgery of a nominator’s signature on her nomination paper [the sentence imposed was insufficient to trigger section 42 of the Constitution].
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