Mutezo wants Parliament seat back

In papers filed with the High Court, Mutezo says he is seeking to be declared: “…the only duly elected MP for the Chimanimani West House of Assembly seat.”
The ZANU-PF member also wants the court to direct the Clerk of Parliament Austin Zvoma to swear him in as a lawmaker.
In his affidavit, Mutezo said Karenyi was convicted in January by the Mutare Magistrates’ Court for forging the signatures of purported nominators and as such her papers had been improperly accepted by the Nomination Court.
“The conviction of 1st respondent (Karenyi) meant that I had been vindicated in my protests regarding the nomination. It therefore meant that the 1st respondent’s nomination papers were not in order and could not and should not have been accepted, in which case her declaration as having been duly nominated was therefore a nullity,” said Mutezo.
“More importantly for me, and specifically for purposes of this application, the conviction of 1st respondent meant that I, the only duly nominated candidate at the close of the Nomination Court, was and remain entitled to be declared the duly elected Member of Parliament.”
A letter attached to the court papers dated February 12 addressed to Karenyi and signed by Zvoma however shows  that in pursuing  the matter Mutezo is going against the opinion of the Attorney General Johannes Tomana who said the MDC-T member remains a legislator, pending the outcome of an appeal she lodged against her conviction.

“…We sought further opinion from the Attorney General on this matter and he advised us that notwithstanding the merits of the grounds of your appeal against conviction and sentence is that the execution of the order made by the Magistrates’ Court purportedly disqualifying you from being a Member of Parliament stands suspended until your appeal has been finally determined,” reads part of Zvoma’s letter.
In opposing Mutezo’s High Court application, Karenyi said the matter was an election case so it should have been lodged with the Electoral Court.
She added that Mutezo’s application had been filed out of time as prescribed under the Electoral Act.
The MP also denied the forgery allegations adding that even though only 10 nominators were required she had 20 nominators  and as such: “assuming that four nominations were invalid, does not invalidate my nomination as a candidate. My nomination was found by the Nomination Court to be valid and regular.”
Karenyi argued further: “The three of these told the magistrate that the signatures were theirs. Only one denied that it was her signature. She did not say I forged it. However, I maintain that she validly nominated me. This Honourable Court is going to decide on my appeal.”
At the poll held in Chimanimani on March 29 2008, 7107 people voted for Mutezo while 8558 preferred Karenyi.