Moyo’s election as Zimbabwe’s first Speaker of Parliament on a non-Zanu PF ticket was nullified by the Supreme Court a fortnight ago following a challenge by Tsholotsho North MP Jonathan Moyo of Zanu PF.
Clerk of Parliament Austin Zvoma was quoted in the state media last week saying the MDC-T chairman was now an “ordinary member of the public”.
But his lawyers on Wednesday wrote to Zvoma warning that they would be forced to resort to the courts for a declaratory order clarifying the position that Moyo remains an MP.
“It must be stated that our client never formally resigned from his position of Member of Parliament for the Matobo North constituency,” wrote Moyo’s lawyer, Chris Mhike.
“The vacancy in his constituency arose only as the result of the provisions of the law, not resignation. “From the foregoing, it is clear that the status quo should be immediately and automatically restored to reflect the position that existed just before the election of our client to the position of Speaker of Parliament of Zimbabwe.”
Zvoma had been given up to Thursday to respond to the demands before the matter could be taken to court.
Mhike yesterday said they were yet to get a response and were now likely to approach the courts this week.
According to state media reports yesterday, Attorney General Johannes Tomana wrote to Zvoma advising that in terms of the law, Moyo must get his seat back immediately.
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Zvoma, who could not be reached for comment, was quoted as saying he was still studying the judgement.
MDC-T has said Moyo remains their candidate for the position while MDC wants Paul Themba Nyathi to have another shot at the post.
Moyo beat Nyathi by a narrow margin in 2008 after some MDC MPs defied their parties to vote with MDC-T.
The fight for the post has reportedly divided Zanu PF where over seven candidates are jostling for the post with the party’s chairman Simon Khaya Moyo said to be the leading contender.
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