Friday, October 02

Khupe Wins High Court Dismisses Recalled MDC Alliance MPs’ Challenge

The High Court has dismissing the urgent bid by 14 MDC Alliance legislators to stop MDC-T from replacing them in Parliament following their recall.
 
The 14 contested the 2018 harmonised elections on the MDC Alliance ticket. But the courts early this year ruled that the MDC-A was an electoral bloc formed by seven political parties in August 2017 to contest the 2018 harmonised elections not a political party. Thus any of the seven parties has the legal right under the Constitution to recall and replace those it nominated on the combined bloc list.

The MDC-T was the largest party in the MDC-A bloc, but the Supreme Court has found after a civil action that changes in the leadership since 2014 were not in accordance with the party’s own rules and nullified those changes, which included the elevation of Advocate Nelson Chamisa to MDC-T leadership. That meant that the MDC-T leadership of 2014 now runs the party and it is this leadership which is informing the Speaker of the National Assembly and the President of the Senate that certain members of the MDC-A bloc no longer represent their nominating party.

Bacilia Majaya, Mucharairwa Mugidho, Annah Nyambo and Nomathemba Ndhlovu were all members of the National Assembly while Senators Gideon Shoko, Helen Zivira, Tapfumanei Wunganai, Meliwe Phuti, Phylis Ndlovu, Herbert Sinamapande, Keresencia Chabuka and Siphiwa Ncube were elected in July 2018 through proportional representation.

They lost their seats in June this year, in terms of section 129 (1) (k) of the Constitution, which empowers a political party to expel a member occupying a seat in Parliament as its representative in the event that the member ceases to be its member. They are challenging the validity of their expulsion from Parliament in terms of the cited provisions, saying they were elected on an MDC-A ticket and have nothing any more to do with the MDC-T.

Justice Pisirayi Kwenda threw out their urgent chamber applications after they failed to prove that their recalls were unlawful. His judgment was based on his interpretation of the Supreme Court ruling and other undisputed evidence placed before the court.

The Supreme Court ruling early this year declared Nelson Chamisa an illegitimate leader of the main opposition party and restored Dr Thokozani Khupe as interim leader of all of the MDC-T until an extraordinary congress was convened to elect new leadership.

The expelled legislators, however, stuck to the Chamisa-led MDC Alliance.

In this regard, the judge found the legislators were in defiance of the Supreme Court order and the rule of law.

“They seem to be bent on enlisting the company of the High Court in circumventing the Supreme Court judgment,” ruled Justice Kwenda.

The judge disagreed with the parliamentarians’ argument, describing reliance on the Supreme Court judgment as a fallacy, saying this was regrettable.

“It is trite that the High Court cannot overturn a Supreme Court judgment. The legal profession derives its relevance from the application of the rule of law of which constitutionalism is the cornerstone. Jurisprudentially, Supreme Court judgments are collectively a source of law,” he said.

Justice Kwenda also found that the MDC-A legislators had a burden to prove, not only that they had contested their expulsion from Parliament, but also that their recalls by MDC-T were prima facie unlawful or that, on the face of it, the impugned declarations do not meet the requirements set out in section 129(1)(k) of the Constitution of Zimbabwe.

“In my view Section 129(1)(k) creates the rights for a political party to recall a member who is in Parliament as its representative when the member ceases to be its member,” he said.

The judge also said the pending applications on the same issue were also unlikely to succeed.

In their applications, the 14 argued that notwithstanding the Supreme Court judgment, which resolved the MDC leadership dispute, they did not belong to the MDC-T. They also wanted a provisional order declaring that MDC-T had no right to nominate persons to replace them in Parliament at all until the case, in which they are challenging the recalls, is decided.

The Constitution requires that once vacancies arise in Parliament, they must be filled within 90 days.

In opposing the two applications, MDC-T argued that the 14 ceased to be its members in June this year, insisting that the declarations it issued were and remained valid because they meet all the requirements set in the law.

The Speaker of National Assembly, Senate President and ZEC argued that they did not expel the legislators from Parliament, arguing that they had no quasi-judicial power to either approve or disapprove the expulsion of the legislators from Parliament by MDC-T.

It was also their argument that once vacancies occurred in Parliament by operation of the law, they must be filled within 90 days, thus they had no power to stop the constitutional processes.

  • Share:

Info News

SEO Meta Title Credit Repair vs Credit Counseling: Compare Your Options

When credit problems become stressful, two options often appear in search results: credit repair and credit counseling. They sound similar, but they are not the same service. Credit repair focuses on disputing inaccurate, incomplete, or unverifiable information on credit reports. Credit counseling focuses on budgeting, debt repayment, and financial education. Knowing the difference can help you avoid scams and choose the right help.

Credit repair companies often advertise help with removing negative items from credit reports. Legitimate credit repair is based on your legal right to dispute inaccurate information. If a late payment, collection, account balance, personal detail, or account status is wrong, you can dispute it with the credit bureaus and the company that furnished the information.

However, accurate negative information usually cannot be removed simply because it hurts your score. Late payments, collections, bankruptcies, and charge-offs may remain on credit reports for legally allowed periods if they are accurate. Be cautious with any company that promises a specific score increase, guaranteed removals, or a new credit identity.

Credit counseling is different. A nonprofit credit counseling agency can review income, expenses, debts, and goals. Counselors may help build a budget, explain credit reports, suggest repayment strategies, and discuss whether a debt management plan makes sense. A debt management plan may consolidate payments through the counseling agency and sometimes reduce interest rates or fees with participating creditors.

Credit counseling can be useful when the main problem is debt affordability. If you are making minimum payments, falling behind, or using one card to pay another, a counselor can help create a structured plan. Credit repair alone will not solve unaffordable debt.

Credit repair can be useful when the main problem is inaccurate reporting. For example, an account that does not belong to you, a debt listed twice, an incorrect late payment, a paid account still shown as unpaid, or outdated information may be disputable. You can file disputes yourself for free, but some people hire help because they do not want to manage the paperwork.

Before paying for credit repair, understand your rights. In the United States, credit repair companies must follow federal rules, including restrictions on misleading claims and upfront fees. You should receive a written contract, cancellation rights, and clear information about what the company will do. If a company pressures you, asks you to lie, tells you to dispute everything, or suggests using a different Social Security number, walk away.

A strong credit rebuilding plan often includes both cleanup and behavior changes. Start by pulling credit reports from the major bureaus. Review personal information, open accounts, closed accounts, collections, public records, inquiries, balances, and payment history. Highlight anything inaccurate and gather supporting documents.

Next, pay every current bill on time. Payment history is a major scoring factor. Set up reminders or autopay for minimum payments. Then focus on credit utilization, which is the percentage of available revolving credit being used. Lower balances can help improve scores over time.

Avoid opening too many new accounts at once. New inquiries and new accounts can lower scores temporarily. Instead, build a steady pattern: pay on time, reduce balances, keep older accounts in good standing, and monitor reports for errors.

If you have no active credit, a secured credit card or credit-builder loan may help, but fees and terms matter. Choose products from reputable banks or credit unions and avoid high-fee cards that drain your budget.

The right choice depends on the root problem. Choose credit repair if the issue is inaccurate reporting. Choose credit counseling if the issue is debt management, budgeting, or missed payments. Use both if you have errors and unaffordable debt. Most importantly, avoid anyone promising instant results. Real credit improvement takes accurate reporting, consistent payments, lower debt, and time.

Medicare Supplement Plans for Seniors

Medicare Supplement Plans: What Seniors Should Know

Original Medicare helps pay for healthcare, but it does not cover everything. Medicare supplement plans, also called Medigap plans, help pay some out-of-pocket costs such as deductibles, copayments, and coinsurance.

Many seniors compare Medicare supplement plans to reduce surprise medical bills and create more predictable healthcare costs.

How Medigap Works

Medigap plans work with Original Medicare. They are sold by private insurance companies and help cover gaps in Medicare coverage.

These plans are different from Medicare Advantage plans. Medicare Advantage is an alternative way to receive Medicare benefits, while Medigap supplements Original Medicare.

Choosing a Plan

When comparing plans, seniors should consider premiums, doctors, prescriptions, travel coverage, and expected medical needs.

Conclusion

Medicare supplement plans can help seniors manage healthcare costs. Before choosing a plan, compare coverage, pricing, and provider access.