By Paul Nyathi|The Speaker of Parliament advocate Jacob Mudedenda has responded to the court appeal by splinter MDC-T leader Thokozani Khupe saying that her expulsion from Parliament was done above board.

Mudenda said that Khupe’s recall was done within the dictates of the law and her constitutional challenge cannot pass at the courts.

Dr Khupe is contesting her expulsion arguing that Parliament turned a blind eye to its constitutional obligation to protect her tenure as a Member of Parliament when it endorsed her expulsion.

“I submit that on the facts alleged, it is impossible for that contention to be properly made and sustained particularly when the applicable legal principles are taken into account,” said Adv Mudenda.

“In the premises, I submit that the declaratur sought against first (Dr Khupe) and second (MDC-T) respondents have no legal grounding and may be dismissed with costs.”

Adv Mudenda said the Parliament decision was informed by the law and various decisions already made by the superior courts on cases similar to the present dispute.

“I and my office, have been guided by the various views expressed by this court in these kinds of matters as well as its pronouncements,” he said.

“We have in addition been guided by the law as we have always understood it. The allegations made by the applicant against me do not have any legal validity.”

Dr Khupe, who was the opposition party’s Proportional Representation Member of Parliament for Bulawayo Metropolitan, and Nelson Chamisa are locked in a fierce power struggle over control of the party’s name, logo and symbols.

The case is set to be heard in parliament on the 22nd of May.