Mnangagwa offside on judges: Court

Former Vice President  Emmerson Mnangagwa

Former Vice President Emmerson Mnangagwa

Herald Reporter—
FIRED former Vice President Emmerson Mnangagwa violated the Constitution when he joined a University of Zimbabwe law student’s fight for the suspension of a lawful process to select the country’s new Chief Justice on the basis of a mere proposed amendment to the supreme law of the country, the Supreme Court has ruled. The Constitution provides for the selection of a new Chief Justice through public interviews, but ex-VP Mnangagwa, in his capacity as the then Minister of Justice, Legal and Parliamentary Affairs, supported Mr Romeo Zibani, who was seeking to bar the public interviews.

Also Read…….

Ex-VP Mnangagwa filed a draft memorandum to Cabinet in which he proposed a change in the law regarding the appointment of a Chief Justice. The executive draft memorandum led the High Court into granting an interdict stopping the public interviews. However, JSC noted an appeal and proceeded with the interviews that later resulted in the appointment of Chief Justice Malaba as the new judiciary boss.

Early this year the Supreme Court allowed JSC’s appeal, but the reasons for the decision were given in a detailed 21-page judgment availed last week. In the judgment, Justice Bharat Patel said attempts by Mr Mnangagwa to stop a constitutional process on the basis of a proposed amendment of the supreme law was unlawful.

“The third respondent’s conduct in seeking to have the operation of a constitutional provision suspended on the basis of a proposed constitutional amendment is obviously inconsistent with his obligations in terms of Section 2(2) of the Constitution (Doctrine of Supremacy of the Constitution).

“For a court to grant the privilege that he seeks would be tantamount to condoning a violation of those obligations, thereby posing a serious threat to the rule of law enshrined in Section 3(1) (b) of the Constitution,” reads the judgment.

Section 2(2) of the Constitution reads:
“The obligations imposed by this Constitution are binding on every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of Government at every level, and must be fulfilled by them.”

On appeal, the ex-VP’s lawyers argued that the High Court was correct in attaching value to the evidence from the executive on the proposed amendment of the Constitution. This, according to the Supreme Court, was weird and amounted to an attack on constitutionalism.

“With all due deference to the overarching political role of the executive, this argument is not only startling, but patently outlandish in its disdain for the established norms of constitutionalism. It postulates the very antithesis of the rule of law,” the court ruled.

The court concluded that the Constitution cannot be abrogated or suspended by intended executive action relating to the prospective amendment of its provisions. The court expressed displeasure at the conduct of Zibani and his lawyers. Zibani, through his lawyers, wrote two letters to the Supreme Court intimating that the appeal’s setdown was unlawful, palpably tainted irregular.

He sought the removal of the matter from the roll. “Their reasons for taking that view was not only brusque and overbearing, but also contumelious towards the Registrar and, by necessary implication, contemptuous of this court,” reads the judgment.

Pin It
  • Moe_Scyslack2

    Mwari pindirayi. Yatanga manje Zanu iya. It’s like Mai Mujuru firing all over again. We know where this is going.

  • omahn

    Ibvai mapinza yamusoro bhangu mobva mai dismisa faster faster futi. Coz zvingangochinja zvinhu zvacho.

  • Newzim.com

    I wonder how many cases will be brought up against the head of state, commander in chief, the chancellor and husband to the VP once he leaves ofc either by resignation, loss of election or by death.

  • CHINGAIRA

    People have FREEDOM of choice regardless how much u might try tarnish the people’s choice . E.D Mnangagwa is just like any one else aspiring to be the Leader , so I think he should be awarded his chance like any one else without compromise. & not denigrate the man . We want solutions to our present national problems not deception , therefore concentration should be directed in that way . These other misguided/petty issues , internal power struggle are bloodsucking the poor at the expense of them . And MWARI will never let us down . IS WATCHING U & will judge the ones causing discord EMINENT !!!!

  • yowe

    Ko nhai Herald nyaya yeZDF hamuna kana kuita acknowledge…ZBC zii chii chaicho chiri kuitika??

    • L. Makombe

      Whilst the economy is bleeding and people are suffering, we are busy dwelling on irrelevant issues. To the Herald and ZBC, there was no event except stale news. Please be objective in reporting. Was The Herald and ZBC barred from attending Chiwenga’s news conference. Munotipa nyaya dzavana Magaya vachitamba bhora morenga kutiunza kuti vachengetedze venyika varikuti shape up. What the general said is what is at the mouth of people. Herald, just go paCabs first street and see the number of people sleeping there waiting for cash. Zvinhu izvi ndozvirikunzi instead zvektui Opa Muchinguri did this and that for the past 30 years, let the government be engaged in addressing bread and butter issues. We talk of sanctions, but we do not sanction our own misdeeds that are ruining the country. Herald, open your eyes and report accordingly, otherwise you will soon become irrelevant.

    • Yowe zvangu

      bvunzawo…hameno kuti hindaa

    • mdawini mkhosi

      This is how reliable The Herald and ZBC are as news sources. Will you ever rely on them? Come on Herald, you cant tell us that General Chiwenga did not issue a statement yesterday.

    • http://arkhamasylum.coom The Dark Knight

      It’s the end of an era

    • Lytion Chiromo

      whilst the real problem between Mugabe and Mnangagwa is not known. But chipanga had to blame because he created platform that the presidium run short of agenda and start fighting each other. The people who booed were not Lacoste supporters but it was an inplant to fuel the ouster of VP. In real politics and war situation such dirt games are done to out wit your opponent. Mugabe should make an evaluation of all the moves to restore the part ‘s relationships. Now it is characterized with mistrust.

      On the other hand Mai Garce is such a mismatch with the Professors like moyo. She has been thrown in the deep end in terms of minds. I think as much as she had seen any sinister about her husband ‘s VP but as a mother it is better to keep chest the enemy you know than to be secluded with new enemies. So as mother can she call all ousted sons and daughters and settle with them and restore the relationships.

      Chipanaga must learn not to invite such power to a gathering without proper agenda. Young man revise your event management skills. the president should not be exposed to the people because its high bolt of power displayed . now see the danger you have exposed the nation. So young man seek apology your interface proved suicidal to the nation. You are like a commander who commanded firing to a legion whilst you have a platoom.

  • boo hoo to you all!

    ah shame, boo boo hoo!!!

  • Penga Penga

    Pfavirai ngoma usiku hwakareba. The Croc is not going anywhere. Watch this space.

    • Yowe zvangu

      i lyk it..the CROC z not going anywhere…Hatichadi **mugabe mberi kwedu..**

  • Penga Penga

    “I will go nowhere. I will fight tooth and nail against those making a mockery of Zanu PF founding principles, ethos and values.
    “You ** and your cohorts will instead leave Zanu PF by the will of the people and this we will do in the coming few weeks as Zimbabweans in general now require new and progressive leadership that is not resident in the past and refuses to accept change,” he said.

  • musayigwa

    Pane nyaya yamusiri kutaura.

    …sezvamakaita apo grace abura yake kuSouth Africa.

  • zimbotry

    So now hes in trouble for doing what he was told. Amazing Party selective memory

  • muchovi washoko

    Nokuti hapachina angapikisaka

  • Danai pazvagozha

    Be ware of what you are reportng you journalist. Munanggwa is on his way back for a bigger job than VP. Where will you hide?

  • Community Youth

    Koo issue yaChiwenga iripi…… Herald kana kumboti bufu nezvayo

  • nameless

    you are responding to the wrong messages jojo. Mukondiwa was asking for the herald to cover such a press statement as it is equally important for the people of Zimbabwe to understand whats taking place and how and why the army is getting involved of which all these question are clearly answered by Chiwenga. you can not keep on shutting the mass from such news. The is the second hand that puts dictatorial tendencies to a halt if the voting ballot fails.

  • Bert

    The enemy of my enemy is my friend..

  • NUTTY DREADLOCK

    thank you first they flighted the story on their site then around 4am and tdy the page cld not be found hahaha u know i really wonder wen you get awards do you realy deserve them coz if all independent newspapers flight the story of chiwenga and the the state newspaper is quiet. You begin to wonder how many important and life changing 8ssues you chose not to show the people this is not right ndo state capture ka iyi.How can we trust you wen zbc spends the5min tonight talking abt tourism not to say tourism is not important but lets weigh the otions here previous night the general issues an ultimatum and the following day tanks are seen against a story of tourists anouya sei ma tourist acho imo muroad mune matanks?as a result zimbos end up looking for news at alternate sights and become gullible to fake and real news.To make matters worse zanu pf issues an important statement abt the state of events and a news reader reads the story im not saying the newsreader is useless no ! she is just following oders .these are insurrections in the party and the 1st secretary is nowhere to be seen they wld rather send chipanga with a statement the dude cant even read properly and send response to general via messenger why cant the 1st secretary say it to his face. Why use other people the 1st secretary must adress members of his party not send emissaries muri mu street we call that being cowards using other men to do their bidding. Can you not see that you are fuelling a fire wat chipanga said is a threat to the generals life same goes for the generals ultimatum now vese varuma wezasi wats nxt ?I tell you the way things are a sarajevo is wat is left whoever fires the first shot a go start up dem war

  • NUTTY DREADLOCK

    again i say thank you rueben mkondiwa we cant have a paper rinonzi ndere government and the last i checked government meant me you zimbabweans red black white orange pink yellowbone bleach etc but the paper doesent report on happenings in the government it selects information and cherry picks stories immortilizing a person today and killing him tommorow.Is this what this country has come to?All of the journalists employed there are zimbabweans surely you do not hurt with the predicament our country hamunawo hama dzikutamburawo izvezvi mavhenda anzwa nekungotandaniswa you havent offered them shit nothing not even highlighting their side of the coin.Seriously do you think a person chooses to become a vendor enter the streets of harare sit mu pavement akawaridza machips and maputi a grown man you think he or she chose that life for themselves.You dont report on abuse of state funds if ever you do its not about tje ethic of capturing mbavha but instead its done to settle political vendettas.And we as zimbos are supposed just sit dead band broke villifying a pgilosophy that has failed us left right center

  • NUTTY DREADLOCK

    true but you see that zimbos are on a yorke support an insurrection with a hard military man as leader or zanu pf which has brought the country in this situation in the first place and mdc which has a looming successionist battle. Joki remombe chairo

  • NUTTY DREADLOCK

    hahahahahaha cmon guys lets play nice