Constitutional law expert, Professor Lovemore Madhuku is preparing to lodge a Constitutional Court application challenging the constitutionality of Dr Thokozani Khupe’s expulsion from Parliament following a recall by the MDC-T faction led by Nelson Chamisa on Thursday.

The latest development comes as the circus within the opposition party continues, with Khupe claiming to have also recalled Chamisa from parliament.

Professor Madhuku confirmed that he is approaching the Constitutional Court on the basis that Khupe’s recall from parliament at the instigation of a faction within a party is unconstitutional as she was in parliament because she was voted into office by thousands of people whose interests would be affected by the unlawful expulsion by parliament.

Madhuku added that he had represented Temba Mliswa, Didymus Mutasa and Tendai Biti, who faced the same fate and their cases had been dismissed by the late Chief Justice Godfrey Chidyausiku yet there had been no written judgement to state the reasons.

The ugly legal battle playing out within the MDC-T comes at a time the 2018 polls are imminent and so far the clarion call for non-violence has been heeded with no major incidents of intra-party and inter-party violence recorded.