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Mugabe only has 1 option, says Jonathan Moyo
23 Feb 2017 at 13:05hrs | Views
Professor Jonathan Moyo, the Higher Education Minister and MP for Tsholotsho and a law student has laughed at the suggestion that Deputy Chief Justice Luke Malaba will take over as acting Chief Justice in the next five days until President Mugabe appoints a new Chief Justice.
The Chronicle reported that the Deputy Chief Justice Luke Malaba will, in terms of the Constitution, take over as acting Chief Justice in the next five days when the incumbent Justice Godfrey Chidyausiku retires after reaching the mandatory age of 70.
DCJ Malaba will act until President Mugabe appoints a new Chief Justice.
The State controlled publication claims that, it is not clear which route the President will use to appoint the new Chief Justice since there are two legally permissible processes in place."
The first is for President Mugabe to choose one candidate from the list of three candidates submitted to him by the Judicial Service Commission after public interviews. It claims that another route is for the President to wait for a constitutional amendment, currently underway, to be completed and if passed, to pick a candidate of his choice.
However, Professor Jonathan Moyo dismissed some of the points indicating that Mugabe does not have two legally permissible processes in a place as the route to ammend the constitution was illegal.
Professor Moyo twitted, "Haha. Purported announcement that "Malaba to act as CJ" is a spin. President only has ONE option: to follow the law!"
The Chronicle reported that the Deputy Chief Justice Luke Malaba will, in terms of the Constitution, take over as acting Chief Justice in the next five days when the incumbent Justice Godfrey Chidyausiku retires after reaching the mandatory age of 70.
DCJ Malaba will act until President Mugabe appoints a new Chief Justice.
The State controlled publication claims that, it is not clear which route the President will use to appoint the new Chief Justice since there are two legally permissible processes in place."
The first is for President Mugabe to choose one candidate from the list of three candidates submitted to him by the Judicial Service Commission after public interviews. It claims that another route is for the President to wait for a constitutional amendment, currently underway, to be completed and if passed, to pick a candidate of his choice.
However, Professor Jonathan Moyo dismissed some of the points indicating that Mugabe does not have two legally permissible processes in a place as the route to ammend the constitution was illegal.
Professor Moyo twitted, "Haha. Purported announcement that "Malaba to act as CJ" is a spin. President only has ONE option: to follow the law!"
Simbarashe Washaya suggested that, "Today the President has 1 option which is lawful, but if He chooses to wait & amendment passes. he will have another 1 option".Haha. Purported announcement that "Malaba to act as CJ" is a spin. President only has ONE option: to follow the law!https://t.co/Hs9UTPprX4 pic.twitter.com/vXyR4nTYTr
— Prof Jonathan Moyo (@ProfJNMoyo) February 23, 2017
He said the case to ammend the constitution to allow Mugabe to hand pick the Chief Justice is not pending before any court. The matter is res judicata!@ProfJNMoyo Today the President has 1 option which is lawful, but if He chooses to wait & amendment passes. he will have another 1 option
— Simbarashe Washaya (@SimbaWashaya) February 23, 2017
This case is not pending before any court. The matter is res judicata! https://t.co/PrIKYXJmXD
— Prof Jonathan Moyo (@ProfJNMoyo) February 23, 2017
Source - Byo24News
