HARARE – MDC lawmakers have gone to court to challenge an “unlawful” decision by Speaker of Parliament Jacob Mudenda to dock them allowances for refusing to stand up when President Emmerson Mnangagwa attended Parliament in October.

Mnangagwa was due to deliver the State of the Nation Address when the opposition MPs remained seated while Zanu PF MPs stood up in respect.

Mudenda said he was withholding the MDC MPs’ allowances for disrespecting the 76-year-old and has put in motion plans to change parliamentary rules to make it obligatory to stand.

MDC chief whip Prosper Mutseyami, in a High Court filing on behalf of 112 opposition lawmakers, said there is no law requiring them to stand up when the president enters or leaves the parliament chamber.

Mutseyami also told court that Mudenda has no powers to issue such an order.

The MPs want the court to find Mudenda’s order unlawful and to compel Finance Minister Mthuli Ncube to pay them their sitting allowances for the day in question and other allowances dating back five months.

Mudenda, Ncube and Parliament of Zimbabwe were cited as respondents.

“We contend that the first respondent’s (Jacob Mudenda) action ordering that the (MDC lawmakers) should not be paid their sitting allowances is unlawful. As submitted in our letter, we contend that the first respondent has no powers to dock Members of Parliament’s sitting allowances or prevent them from receiving their sitting allowances,” Mutseyami said.

Mutseyami is the Dangamvura Chikanga constituency MP.

Mutseyami said the MDC actions were part of the political contestation process.

“The reasons for the walkout among others were as follows: The MDC and its members contest the fact that the President of Zimbabwe was properly duly elected to the office of the President,” Mutseyami said in an affidavit.

“The MDC thus contests the President’s legitimacy. Applicants were also demonstrating against the country’s economic meltdown which the President is not addressing. These include the ever-rising cost of basic commodities such as bread, mealie-meal, cooking oil, fuel and electricity, hyper­ inflation, continued violation of human rights as evidenced by the clampdown on freedom of assembly and association, labour rights, kidnappings and disappearances.”

The matter is pending.