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Biti continues in defence of Zim constitution

by PDP Communications
07 Sep 2017 at 15:38hrs | Views
ZANU-PF has been exposed for its attempt to amend the constitution through uncouth means against the procedures set in the constitution and Sections 95 (2); 96; 97; 98 of the Standing Orders.

Biti acting on behalf of Innocent Gonese, Jessie Majome yesterday filed a constitutional court application seeking to nullify the third reading of Constitutional Bill seeking to remove the role of the Judiciary Service Commission to conduct public interviews on senior judges that is the Chief Justice, Deputy Chief Justice and the Judge President.

The applicants submitted, "respectful contention that Parliament failed in its duty in protecting the Constitution and in ensuring that the provisions of the Constitution, when it approved, the 3rd Reading of Constitutional Amendment Bill (No.1) of 2017."

Parliament allowed persons who were not present to be counted as having approved the vote, ZANU-PF had failed to reach the required two-thirds for the amendment to pass.

The People's Democratic Party said it is wary of the appetite of ZANU-PF to rig any voting process which has seen them attempt to manipulate a vote which involves less than 300 people.

The party said it is therefore fully behind Tendai Biti's bid to reverse the injustice which is a highlight of what to expect in the 2018 elections.

The PDP also commends the applicants for taking a bold stand in defence of the constitution of Zimbabwe.

As a constitutional democracy the supreme law of the land becomes the most important document which all progressive Zimbabweans must defend with their lives.

Mr Biti has been involved in high impact, creative litigation on public interest matters bringing to the constitutional court arguably the highest number of cases and also winning arguably the highest number of landmark constitutional cases since the effective date of the constitution.
 
The cases include the Mudzuru case which abolished child marriages, the Obadiah Makoni case which declared life imprisonment without parole unconstitutional, the Michael Nyika case which abolished the concept of special treatment when suing the police and the abolishment of corporal punishment among other cases.
 
His commitment to public interest litigation has earned him international recognition, he has been invited to present at various global platforms including on the rights of prisoners in South Africa, and was also a resource person at a seminar of lawyers against death penalty convened by Cornell University in June 2017.

The behaviour by ZANU-PF is a clear indication that ZANU-PF in all its forms have no respect for the rule of law, it is an enemy of the current constitution and will use all the resources at its disposal to shred it.

The PDP restates that the amendment in itself is a regression from progressive constitutional provisions providing some kind of checks and balance in the appointment of senior members of the judiciary.

We are of the view that the Vice President as the Minister of Justice must rather invest his time in aligning the laws of the land to the progressive provisions of the constitution.


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Source - PDP Communications

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