Mugabe attacked over Mutasa court case threats

POLITICAL COMMENTATORS, human rights activists, lawyers and opposition political parties officials have attacked President Robert Mugabe over his threats to the courts after he said he would want to see the magistrate or judge who will  dare preside over former Zanu PF secretary for administration Didymas Mutasa's appeal against the party's December 2014 congress decisions. 

Mutasa and former Zanu PF spokesperson Rugare Gumbo who have since been expelled from the party for being linked to former vice president Joice Mujuru accused of plotting to assacinate president through approaching Inyangas from Nigeria and acts of corruption a week ago filed an appeal at the Harare High Court challenging the party's December 2014 congress.

President Mugabe, Zanu PF, party's spokesperson Simon Khaya Moyo are respondents in the appeal.

Speaking during the official opening of the Africa home Fields (ACF) in Chirumanzu Zibagwe  Mugabe warned the judiciary against handling Mutasa and Gumbo's court challenge against him and Zanu PF.

Mugabe said the case brought by Mutasa and Gumbo should not be handled by the courts.

"If there is a magistrate or judge who will want to preside over this matter, then I would like to know where he/she went to school and where he/she got the powers to rule over Zanu PF," he said amid cheers from the Zanu PF crowd.

"I will ask because this matter is not one for the courts. If we say we no longer want you in our party and want you to leave, is that a problem?"
Mugabe described Mutasa as "a fool who throws his money in the sea" hoping to reap rewards.

 Mugabe received a barrage of attacks from commentators.

MDC Renewal team spokesperson and a lawyer Jacob Mafume said the comments by the president are deplorable and regrettable.

"They violate the principle of separation of powers that is enshrined in the constitution between the executive and the judiciary," said Mafume. "The courts are there for a reason, once you shut people from the justice system you are inviting the monster of civil strife.

"The president must tread carefully on the paths he seems to be seeking . He seems to always seek conflict even where there is peace. He must allow the courts to do their job."

Mafume said Mugabe's legacy of contempt of the courts that he wants to leave is not in keeping with a person who is a Southern African Community (Sadc) and African Union (AU) chair.

"He must disabuse himself of the notion that Zimbabwe was made for Zanu PF," said Mafume. "It is Zanu PF that should abide by the laws of the country not the other way round."
A journalist and political commentator Methuseli Moyo said In a nutshell President Mugabe has confirmed that he is above the law and constitution of the land, hence his declaration that he wants to see which judge will hear Mutasa's case against him and Zanu-PF.

"A president is supposed to uphold the laws and constitution, yet ours threatens the very judiciary which interprets the laws," said Moyo.  "Simply put, Mugabe's statement's effect is to say Zimbabwe is a lawless country and he is the law. In this case, I don't blame those lawless Bosso hooligans."

Dewa Mavhinga a human rights activist said as a party to the court case in question, President Mugabe should not be making any comments about the chances of Mutasa's case succeeding.

"That is for the court and the court alone to decide," said Mavhinga.  "As head of State representing the executive arm of government, Mugabe's statements undermine the independence of the judiciary and the constitutional principle of separation of powers."

Former Zimbabwe Europe Network (Zen) coordinator Tor Hugne Olsen who worked in Zimbabwe sometime in 2011, 2012 before he went back to his home in Norway where he is now based differed with others saying he partly agrees with Mugabe on grounds that in his country one would hardly see party's internal matter being dealt with by the courts.

"However I know that in Zimbabwe there is jurisprudence for the courts to deal with such matters, making it all the more complicated," said Olsen. "Of course with such a statement by Mugabe it is difficult."

Mugabe during his remarks had said the former Presidential Affairs minister was supposed to approach the Zanu PF central committee and then Zanu PF congress to have his grievances solved and not the courts.

He said people were supposed to fear the party because it was a scary institution.

"Musangano wedu unozezesa (Our party evokes fear). So don't worry about those who take the party to the courts," he said.

"Courts are supposed to deal with other legal matters which are governed by our Constitution and not Zanu PF matters which have their own structures and how these matters need to be dealt with. It is shocking that a man who has been at the helm of the party in a very influential position and knows the party constitution can get this lost."

Mugabe said Zanu PF matters could only be settled internally.

"If one is a fool and does not want to be corrected, all you have to do is leave him alone. He is a fool who throws his money in the seas hoping that it will multiply.