News / National
'Mugabe is the 'Boss' in Zimbabwe not Madhuku'
12 Dec 2014 at 06:38hrs | Views
LEGAL practitioners linked to the ruling Zanu-PF party have quashed Professor Lovemore Madhuku's bid to have two Vice Presidents appointments by President Mugabe declared null saying it was 'void' and had no jurisprudence.
"President Mugabe is the head of this country and not Prof Madhuku," said Mugabe's lawyer Terrence Hussein yesterday.
"The President is clearly entitled by the Constitution to appoint two Vice Presidents and he is very likely to do so regardless of those who simply wish to file applications to achieve some relevance.
"I don't think anyone with a rudimentary grasp of the law will take the application seriously. It's clearly headed one way."
Prof Madhuku yesterday said said he would today challenge the appointment of the two new Vice Presidents - Emmerson Mnangagwa and Phelekezela Mphoko - at the Constitutional Court, insisting that legally Mugabe can only appoint one Vice President.
Prof Madhuku availed his founding affidavit yesterday, but said he will file the application today at the Constitutional Court. The development comes as the MDC-T announced it would seek to impeach President Mugabe for sacking Mujuru.
In his affidavit, Prof Madhuku said he intended to file the Constitutional Court application in terms of Section 85 of the Constitution of Zimbabwe.
Madhuku argued through the section that President Mugabe chose to work with one VP soon after his election and that replacing Mujuru with two VPs was unlawful.
But prominent Harare lawyer Farai Mutamangira reasoned that Prof Madhuku had no basis of challenging the President's decision.
"With greatest respect to my learned colleague Professor Madhuku, I struggle to see any jurisprudential argument that is worth detaining the Constitutional Court," he said. "There's nothing at all."
According to Mutamangira Mugabe's statutory power could not be waived hence President Mugabe still has the power to appoint the two VPs.
"President Mugabe is the head of this country and not Prof Madhuku," said Mugabe's lawyer Terrence Hussein yesterday.
"The President is clearly entitled by the Constitution to appoint two Vice Presidents and he is very likely to do so regardless of those who simply wish to file applications to achieve some relevance.
"I don't think anyone with a rudimentary grasp of the law will take the application seriously. It's clearly headed one way."
Prof Madhuku yesterday said said he would today challenge the appointment of the two new Vice Presidents - Emmerson Mnangagwa and Phelekezela Mphoko - at the Constitutional Court, insisting that legally Mugabe can only appoint one Vice President.
In his affidavit, Prof Madhuku said he intended to file the Constitutional Court application in terms of Section 85 of the Constitution of Zimbabwe.
Madhuku argued through the section that President Mugabe chose to work with one VP soon after his election and that replacing Mujuru with two VPs was unlawful.
But prominent Harare lawyer Farai Mutamangira reasoned that Prof Madhuku had no basis of challenging the President's decision.
"With greatest respect to my learned colleague Professor Madhuku, I struggle to see any jurisprudential argument that is worth detaining the Constitutional Court," he said. "There's nothing at all."
According to Mutamangira Mugabe's statutory power could not be waived hence President Mugabe still has the power to appoint the two VPs.
Source - The Herald