News / National
Mugabe's dismissal of Mnangagwa nullified by court
25 Nov 2017 at 01:13hrs | Views
JUDGE President George Chiweshe yesterday nullified the decision by former President Robert Mugabe to fire his deputy and successor, President Emmerson Mnangagwa.
In his urgent application filed a day before his inauguration as the new President of Zimbabwe, Mnangagwa said his sacking from his former post was a violation of his constitutional rights and as such urged the court to declare the whole process null and void.
"The dismissal of the applicant (Mnangagwa) by Robert Gabriel Mugabe, the then President of Zimbabwe, from the office of Vice-President of Zimbabwe on November 6, 2017 is null and void and accordingly, of no force or effect," Justice Chiweshe ruled in his chambers, hours before Mnangagwa took his oath of office.
Mugabe resigned on Tuesday just before he could be impeached by Parliament and consequently, Mnangagwa did not cite him as a respondent in the application.
In the same urgent application Mnangagwa chronicled how Mugabe's wife, Grace and her G40 cabal, within the Zanu-PF had plotted his downfall and also how several attempts were made on his life.
"I hasten to say that, my purported dismissal is void, on the basis that it has no constitutional or legal foundation. It is a legal and constitutional nullity. I make this application, first of all, as a citizen of Zimbabwe with rights to approach this court, as I do, in that capacity in terms of section 85(1) of the Constitution of Zimbabwe. My rights have been violated and continued to be so violated until November 21, 2017 when Mugabe resigned as President of Zimbabwe," Mnangagwa said.
"Secondly, I approach the court in the interest of the public, with a duty to seek protection of the Constitution of Zimbabwe. I seek a declaratur, declaring invalid, my purported removal from office of Vice-President by Mugabe."
The President said for some months, prior to his resignation, Mugabe allowed Grace to usurp functions of the President and that of Cabinet.
"Powers of government are exercised by the President and Cabinet, in terms of section 110 of the Constitution. Grace Mugabe was not a member of Cabinet. She had no executive authority and should not have purported to utilise the powers of Robert Mugabe," Mnangagwa said.
"…I was not purportedly dismissed at the pleasure of Robert Mugabe. It was at the pleasure and instigation of Grace Mugabe and G40, a faction within Zanu-PF, which was fanning divisions and hate within the party and was controlling business of government and influencing Mugabe to act as they wished."
Mnangagwa further said Mugabe purportedly removed him on the basis of alleged misconduct but the reasons given were in tandem with the "baseless allegations raised by G40 at rallies".
He further argued that once misconduct was relied on, as the basis of his purported removal, Mugabe was no longer removing him at will, but was duty-bound to respect his (Mnangagwa) right to a just administrative decision, in terms of section 68 of the Constitution of Zimbabwe.
"…For the past few months, during what the Zanu-PF youths called Youth Interface Rallies with the President, I was vilified, demonised and reduced to nothing. Grace Mugabe was the leader of the vilification. She made public pronouncements that she was going to drop me from government. She told the rallies that she was the one who was advisor to Mugabe on my removal. She told church gatherings that she influenced her husband. She denigrated me to the uttermost. Grace Mugabe and G40's hatred of me has been so deep to an unbelievable extent," he said.
"In the Politburo, Grace Mugabe was agitating for my removal. Robert Mugabe stood at akimbo and helplessly, as the G40 took over the running of government affairs.
"There have been numerous attempts on my life which manifested in the following: the placement of cyanide in my office, which resulted in the hospitalisation of my secretary. There have been several break-ins into my offices (and) I was poisoned on August 12, 2017 the day of the Gwanda Interface Rally, which resulted in my being air-lifted to South Africa for medical treatment, the medical results of which are now out and can be made available. The results are positive that I was poisoned."
Mnangagwa said Mugabe was being held captive by G40, adding although he (Mnangagwa) had been in government as the Vice-President, and on many occasions the Acting President; he had been powerless in the exercise of his Cabinet functions, as Grace and her group were doing as they pleased.
The President also said even Mugabe's "spokesperson, George Charamba, a senior government employee, at one time was treated like a schoolboy at a rally, by Grace Mugabe, when Robert Mugabe was dozing off".
Lawyers Trust Maanda and Charles Maunga of Maunga Maanda and Associates appeared for the President.
In his urgent application filed a day before his inauguration as the new President of Zimbabwe, Mnangagwa said his sacking from his former post was a violation of his constitutional rights and as such urged the court to declare the whole process null and void.
"The dismissal of the applicant (Mnangagwa) by Robert Gabriel Mugabe, the then President of Zimbabwe, from the office of Vice-President of Zimbabwe on November 6, 2017 is null and void and accordingly, of no force or effect," Justice Chiweshe ruled in his chambers, hours before Mnangagwa took his oath of office.
Mugabe resigned on Tuesday just before he could be impeached by Parliament and consequently, Mnangagwa did not cite him as a respondent in the application.
In the same urgent application Mnangagwa chronicled how Mugabe's wife, Grace and her G40 cabal, within the Zanu-PF had plotted his downfall and also how several attempts were made on his life.
"I hasten to say that, my purported dismissal is void, on the basis that it has no constitutional or legal foundation. It is a legal and constitutional nullity. I make this application, first of all, as a citizen of Zimbabwe with rights to approach this court, as I do, in that capacity in terms of section 85(1) of the Constitution of Zimbabwe. My rights have been violated and continued to be so violated until November 21, 2017 when Mugabe resigned as President of Zimbabwe," Mnangagwa said.
"Secondly, I approach the court in the interest of the public, with a duty to seek protection of the Constitution of Zimbabwe. I seek a declaratur, declaring invalid, my purported removal from office of Vice-President by Mugabe."
The President said for some months, prior to his resignation, Mugabe allowed Grace to usurp functions of the President and that of Cabinet.
"Powers of government are exercised by the President and Cabinet, in terms of section 110 of the Constitution. Grace Mugabe was not a member of Cabinet. She had no executive authority and should not have purported to utilise the powers of Robert Mugabe," Mnangagwa said.
Mnangagwa further said Mugabe purportedly removed him on the basis of alleged misconduct but the reasons given were in tandem with the "baseless allegations raised by G40 at rallies".
He further argued that once misconduct was relied on, as the basis of his purported removal, Mugabe was no longer removing him at will, but was duty-bound to respect his (Mnangagwa) right to a just administrative decision, in terms of section 68 of the Constitution of Zimbabwe.
"…For the past few months, during what the Zanu-PF youths called Youth Interface Rallies with the President, I was vilified, demonised and reduced to nothing. Grace Mugabe was the leader of the vilification. She made public pronouncements that she was going to drop me from government. She told the rallies that she was the one who was advisor to Mugabe on my removal. She told church gatherings that she influenced her husband. She denigrated me to the uttermost. Grace Mugabe and G40's hatred of me has been so deep to an unbelievable extent," he said.
"In the Politburo, Grace Mugabe was agitating for my removal. Robert Mugabe stood at akimbo and helplessly, as the G40 took over the running of government affairs.
"There have been numerous attempts on my life which manifested in the following: the placement of cyanide in my office, which resulted in the hospitalisation of my secretary. There have been several break-ins into my offices (and) I was poisoned on August 12, 2017 the day of the Gwanda Interface Rally, which resulted in my being air-lifted to South Africa for medical treatment, the medical results of which are now out and can be made available. The results are positive that I was poisoned."
Mnangagwa said Mugabe was being held captive by G40, adding although he (Mnangagwa) had been in government as the Vice-President, and on many occasions the Acting President; he had been powerless in the exercise of his Cabinet functions, as Grace and her group were doing as they pleased.
The President also said even Mugabe's "spokesperson, George Charamba, a senior government employee, at one time was treated like a schoolboy at a rally, by Grace Mugabe, when Robert Mugabe was dozing off".
Lawyers Trust Maanda and Charles Maunga of Maunga Maanda and Associates appeared for the President.
Source - newsday
