News / National
Sabina Mugabe's heroes status challenged in court
20 Jan 2016 at 07:23hrs | Views
Two lawyers Tinomudaishe Chinyoka and Zengeza East MP Alexio Musundire (MDC-T) have approached the Constitutional Court seeking to have the National Heroes' Act declared unconstitutional and to bar President Robert Mugabe and Zanu PF from further declaring heroes.
This has brought into question the heroine status of Mugabe's sister, Sabina Mugabe who was buried at the national shrine.
In an affidavit, Chinyoka is seeking to challenge Mugabe over the criteria that has been used in selecting heroes and heroines to be buried at the National Heroes' Acre.
"While for purposes of my studies and to fulfil a particular purpose irrelevant to these proceedings, it has sometimes been necessary to associate with another political party called Zanu PF, the correct position is that I am not now, have never been and will never be a supporter of Zanu PF.
"It is my humble belief that the powers given to first respondent (Mugabe), under Section 3 of the Act, are incompatible with the right to administrative justice or are otherwise in violation of the Constitution because of their arbitrary nature."
Chinyoka cited six heroines interred at the shrine, adding: "All of them, except one, appear to have only one factor known to me: that they were married to liberation war leaders.
"The only exception, a certain Sabina Mugabe, was not married to any liberation war leader, and is not chronicled in any government or other publication that I am aware of with having done anything of note.
"She, however, is the sister of the first respondent (Mugabe), whose first wife is also one of the other five aforestated."
But because there was no consistency in decision-making to set out guidelines as to what qualifies one for heroism, he was unable to plan for such an honour.
"I am not helped in this regard by the fact that Section 3 of the Act is as vague as to be meaningless. I do not know what is meant by being a citizen that 'has deserved well of his country'. I think a person's beauty (which I lack such as that of the late Mrs Susan Tsvangirai) could be recorded as 'well deserving'," he said.
"The vagueness is compounded by the puzzling decisions that the first respondent (with the help of third respondent (Zanu PF) has made regarding designation of people as heroes."
Chinyoka cited the late philanthropist Jairos Jiri, whom he said dedicated his life to helping the blind and disabled, but when he died, was not declared a national hero.
He also cited the late former Prime Minister and Dadaya Mission founder Garfield Todd and Zanu PF first president, the late Ndabaningi Sithole, who were not considered heroes despite their efforts to serve the country.
This has brought into question the heroine status of Mugabe's sister, Sabina Mugabe who was buried at the national shrine.
In an affidavit, Chinyoka is seeking to challenge Mugabe over the criteria that has been used in selecting heroes and heroines to be buried at the National Heroes' Acre.
"While for purposes of my studies and to fulfil a particular purpose irrelevant to these proceedings, it has sometimes been necessary to associate with another political party called Zanu PF, the correct position is that I am not now, have never been and will never be a supporter of Zanu PF.
"It is my humble belief that the powers given to first respondent (Mugabe), under Section 3 of the Act, are incompatible with the right to administrative justice or are otherwise in violation of the Constitution because of their arbitrary nature."
Chinyoka cited six heroines interred at the shrine, adding: "All of them, except one, appear to have only one factor known to me: that they were married to liberation war leaders.
"The only exception, a certain Sabina Mugabe, was not married to any liberation war leader, and is not chronicled in any government or other publication that I am aware of with having done anything of note.
"She, however, is the sister of the first respondent (Mugabe), whose first wife is also one of the other five aforestated."
But because there was no consistency in decision-making to set out guidelines as to what qualifies one for heroism, he was unable to plan for such an honour.
"I am not helped in this regard by the fact that Section 3 of the Act is as vague as to be meaningless. I do not know what is meant by being a citizen that 'has deserved well of his country'. I think a person's beauty (which I lack such as that of the late Mrs Susan Tsvangirai) could be recorded as 'well deserving'," he said.
"The vagueness is compounded by the puzzling decisions that the first respondent (with the help of third respondent (Zanu PF) has made regarding designation of people as heroes."
Chinyoka cited the late philanthropist Jairos Jiri, whom he said dedicated his life to helping the blind and disabled, but when he died, was not declared a national hero.
He also cited the late former Prime Minister and Dadaya Mission founder Garfield Todd and Zanu PF first president, the late Ndabaningi Sithole, who were not considered heroes despite their efforts to serve the country.
Source - Newsday