MP Takes His Flag Jacket Case To High Court

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Trevor Saruwaka, MP for Mutasa Central, is seeking to enforce his right to freedom of conscience and religion. He argues that the colours were in accordance with his Rastafarian faith.

Through his lawyer, Advocate Tawanda,Mr Saruwaka approached the High Court challenging his ejection from the National Assembly last October for sporting the flag-coloured jacket.

The MDC legislator who was ejected from Parliament for wearing a jacket bearing colours of the national flag has taken his case to the High Court.

Justice Lavender Makoni heard the matter which is anchored on constitutional rights. She reserved ruling, but requested to see photographs of the jacket.“I want to have a look at the jacket’s front and back view,” said Justice Makoni. In his application, Mr Saruwaka listed Speaker of the National Assembly Advocate Jacob Mudenda and the chief security officer of
Parliament as respondents.

 

Trevor-Saruwak

Adv Zhuwarara argued that Adv Mudenda had no right to determine the colour of clothes his client must wear in Parliament.

He submitted that his client, being of the Rastafari religion, had a right to freedom of conscience and religion in terms of Section 60 of the Constitution. Adv Zhuwarara said the right included propagating his religious beliefs whether in private or in public within the confines of the law.

By denying his client access to the National Assembly, Adv Zhuwarara said, Adv Mudenda had elevated himself above the Constitution without lawful cause.

In his counter-arguments, Adv Mudenda, who was represented by his lawyers Mr Simplisius Chihambakwe of Chihambakwe, Mutizwa and Partners, said he had the discretion to determine whether the apparel an MP wore befit the dignity of the august House or not.

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