Mutasa implores Mugabe to restore constitutional order

Axed former minister of Presidential Affairs and erstwhile Zanu-PF secretary for administration Dydimus Mutasa has implored President Robert Mugabe to restore constitutional order or else the party will be without the legal basis upon which to form a credible government.

In an application filed at the Constitutional Court this week, contesting against his expulsion from Parliament together with his nephew and former Zanu-PF chairperson for Mashonaland West Province, Themba Mliswa, Mutasa said he wrote a letter to President Mugabe warning him of dire consequences in the party, but never got a response.

In a letter dated January 26 2015, which is annexed to the application, Mutasa, who was Headlands' legislator before he was expelled from Parliament last week, argued that First Lady Grace Mugabe's rallies held last year were divisive.

"This appeal is for the restoration of constitutional order and authority in Zanu-PF. This matter is of grave concern to a critically significant section of our party leadership, and general membership, and has a bearing on how citizens of Zimbabwe will regard our valiant party," said Mutasa in the letter to President Mugabe.

In the letter, Mutasa claimed that following the rallies held by the First Lady last year which were ‘divisive' instead of calming issues down, President Mugabe took sides.

"Contrary to expectations that your Excellency would intervene objectively and restore sanity, you ominously joined the fray and became judge and juror," submitted Mutasa.

Mutasa urged Mugabe to restore constitutional order by nullifying the entire process of the 2014 congress, reinstate all elected members before the vote of no confidence wave, nullify all amendments to the Zanu-PF constitution drafted before congress and restore the ‘one man, one vote' enacted by the party constitution.

"Your Excellency, sanity needs to be restored in the party and we appeal to you to take the necessary corrective actions for the welfare of the party and nation. We are very confident of your desire to expediously resolve this fundamental and critical matter for the good of the valiant liberation party and its legacy," wrote Mutasa.

In the court application, Mutasa and Mliswa argue that their expulsion from Parliament was illegal as no diligent process was followed, and that the expulsion was in violation of their constitutional rights. Subsequently, added Mutasa and Mliswa, by-elections in Headlands and Hurungwe West should, therefore,  be barred.

The appellants are seeking that the courts stop the Zimbabwe Electoral Commission (Zec) from conducting by-elections in the two constituencies, rule that they are still the legitimate House of Assembly members of their respective constituencies, that their rights to equal protection and benefit of law had been violated, and that there has been a violation of their right to administrative justice.

The respondents were given 10 days to respond to the application.

The latest Constitutional Court application comes barely a week after Mutasa and expelled former Zanu-PF spokesperson, Rugare Gumbo, filed a High Court application seeking to nullify the party's December 2014 congress.