Faith Zaba, Business Tribune
ZANU PF wants Chimanimani Member of Parliament Roy Bennett to be expelled from Parliament for assaulting Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa and Minister of Special Affairs for Anti-Monopolies and Anti-corruption Programme Didymus Mutasa on Tuesday.
However, some political analysts say Bennett’s actions were not that severe to warrant expulsion from the House.
ZANU PF’s Harare and Manicaland provinces have banned Bennett from their provinces, with the Harare governor, Witness Mangwende threatening the MDC legislator with unspecified action if he set foot in his province.
Zanu PF supporters staged a demonstration along Nelson Mandela Avenue and later gathered outside Parliament. When Chinamasa arrived, the supporters mobbed him and started chanting a song saying “Chinamasa Ukarohwa una- dzoserawo” (You must retaliate when someone beats you up).
The demonstration turned violent when they were dismissed from Parliament House after being addressed by Mangwende. They went on to smash windows and the door at the entrance of MDC’s offices at Harvest House along Nelson Mandela. The police had to block Nelson Mandela avenue from Angwa to First Avenue.
The supporters were calling for Bennett’s expulsion from Parliament and Zimbabwe.
Mangwende said: “We don’t want to see Bennett here in Harare and in Zimbabwe. Bennet must go and we don’t want to see him at his farm in Ruwa or in Manicaland. If he comes to Harare we will silence him. Ane plot kuRuwa ticha mutevera ikoko. We will find him where he is hiding. He should leave his farm in Ruwa today.”
He expressed shock at the fact that Bennett was not arrested on Tuesday on assault charges and that he even attended Parliament on Wednesday.
The analysts say what happened on Tuesday is not unique to Zimbabwe but that it has happened in many other countries, like Taiwan, South Korea, Russia and Northern Ireland and no MP has ever been expelled in those countries.
Constitutional lawyer, Lovemore Madhuku said yesterday it would be unconstitutional to expel Bennett from Parliament as he is an elected Member of Parliament and that it was a one off offence.
“One possibility is that they may expel him. That is the most ultimate punishment and Parliament will have to vote on it. However, Parliament cannot recommend a more severe punishment than that recommended by the Priviledges Committee.
“I believe that his behaviour does not warrant expulsion. Suspension will be good enough as it will send the right message. Expulsion is not warranted as it was one-off. It will also be unconstitutional for Parliament to expel him.
“The Constitution spells out ways in which a member may lose his or her seat and if you look at the various reasons for expulsion, the case will be so severe. Parliament cannot expel an elected member, yes it has a right to punish but that does not mean loss of a seat,” he said.
According to the Constitution, a member shall be expelled by a two-thirds majority from Parliament if the legislator is convicted of a criminal offence and sentenced to imprisonment for a term of less than six months or to a fine or any other punishment.
ZANU PF legislators in the priviledges committee might be under pressure to expel Bennett but they will get a fight from the MDC legislators in that committee.
The committee comprises Public Service Minister Paul Mangwana, Water Resources minister Joyce Mujuru, Chief Mangwende, Harare East MP Tendai Biti, Bulawayo North East MP Welshman Ncube.
Analysts warned the committee not to use the racial card as this would be “dangerous” and not advisable.
In my 12 years of covering Parliament, this week was the most exciting for me as a journalist as I watched the hefty Chimanimani MDC legislator Roy Bennett assault the two Cabinet ministers during a debate.
This is not to say I condone what happened as it was regrettable and unfortunate, but for a journalist, the incident added colour to the House.
In the past, particularly in the last five years, there have been near blows in the House as tempers flared during debates between legislators from the main opposing parties, ZANU PF and MDC.
Still fresh on people’s memories is the incident when Bulawayo South MP David Coltart tabled a list of 38 ZANU PF legislators who allegedly had more than one farm with some owning as many as four farms.
On that day, Parliament was almost turned into a boxing ring and for 40 minutes chairman of committees Lazarus Dokora failed to bring order to the House as legislators from both sides threw insults at each other.
The legislators were in near blows and at one time, ZANU PF chief whip Jorum Gumbo crossed the floor to confront Coltart about the list, but was mobbed by at least seven MDC MPs.
The MDC legislators stood up almost as a way of shielding Coltart from Gumbo who was practically breathing fire. To avert a possible fist-fight, Gumbo had to be dragged away by the sergeant-at-arms, Nicholas Marufu.
Unlike on that day when fellow legislators and Marufu reacted quickly, everything on Tuesday happened very fast. It took just a few seconds for Bennett to cross more than 20 metres to where Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa was making his presentation.
Before anyone could realise what was happening, Bennett had passed several ministers including Tourism Minister Francis Nhema, the huge Home Affairs Minister Kembo Mohadi and the energetic Minister without Portfolio Elliot Manyika, to shove Chinamasa, who had not even realised that the MDC legislator had reached him.
The push was so hard that Chinamasa found himself on the ground about two metres from where he stood.
It took him some minutes to get up, but by that time Bennett had also directed his anger at Mutasa, who is in the Manicaland provincial committee on land reform.
To get to Mutasa, Bennett passed Mohadi, who later restrained him and Manyika, who wanted to beat up Bennett as he retreated to the back.
Bennett was then ordered to leave the House and Chinamasa upon getting up, appeared calm or maybe he was still in shock.
MDC’s leader of the House Gibson Sibanda, Chief Whip Innocent Gonese, Ncube and Biti crossed the floor to express their regret over the incident. Sibanda then made a public apology and he dissociated his party from Bennett’s personal reaction.