Mphoko the eligible President after Mugabe's resignation - lawyer

The resignation of Robert Mugabe from Presidency has created controversy within the ranks in the ruling party with members having endorsed that former Vice President Emmerson Mnangagwa should take over which law expects contend that the only eligible candidate to take over who was the VP is Phelekezela Mphoko who has been since fired from the party.

Human Rights lawyer Jeremiah Mutongi Bamu said he have been asked two key questions by many people. (1) What happens now legally, that Mugabe resigned, and (2) Is the issue of running mates coming into play.

"First, given that there was only one remaining VP, he acts as President until a new President assumes office. Mugabe's resignation created a vacancy in the office of President which now has to be filled. Up until its filled, VP Mphoko acts as president. The vacancy can be filled at any time but within 90 days. Zanu PF is now required to nominate someone to fill that vacancy.

"That is done through notifying the speaker of the nominee, Once the speaker is notified of the nominee, that nominee must be inaugurated within 48hrs," he said.
"So between now and the inauguration of the Zanu PF nominee (most likely Mnangagwa), VP Mphoko acts as President (from wherever he is)."

However reports say Mphoko who was outside the country when the operation restore legacy by the military was conducted is saying he is afraid to return as he had been declared a fugitive by the military.