News / National
Mohadi citied wrong resignation law
02 Mar 2021 at 20:05hrs | Views
KEMBO Mohadi cited a wrong section of the constitution while announcing his resignation as the country's Vice President, constitutional law Professor Lovemore Madhuku has said.
Mohadi was hounded out of the top office by a string of sex scandals that were exposed by a local news site.
In announcing his resignation, the veteran politician cited Section 96(2) of the constitution.
"Following the recurring dis-information and virilisation of my alleged immoral unions, dispensed through awkward slacktivism, I am stepping down as the Vice President of the Republic of Zimbabwe in terms of Section 96(2) of the constitution of Zimbabwe (no. 20) Act, 2013 with immediate effect," Mohadi said.
But according to Madhuku, that section only applied to deputies who will be elected as running mates and not those serving at the pleasure of the country's president.
Madhuku told NewZimbabwe.com President Emmerson Mnangagwa had no duty to make Mohadi's resignation public within 24 hours as stipulated by Section 96(2) as that will only apply when Vice Presidents are eventually elected as running mates.
Madhuku added Mohadi and Chiwenga were serving more like cabinet ministers and simply had to write a letter of resignation with the Sixth Schedule in mind.
"He was not supposed to cite Section 96(2) but Schedule Six of the constitution because that section will only apply to vice presidents who will be elected as running mates in the future not him or his co-deputy Chiwenga," said Madhuku.
"The current two vice presidents we have are serving much like cabinet ministers, at the pleasure of the president.
"The vice president's resignation was of no public concern because he was appointed by the president and not elected; it would have been in the public interest had he been elected.
"Mohadi was supposed to resign in a simple way by just indicating he holds office at Mnangagwa's pleasure and thanking him for the opportunity citing Schedule Six or nothing at all."
What this means is revelations by Presidential spokesperson George Charamba that Mohadi in fact resigned last week and not on Monday do not mean Mnangagwa's action to withhold that information from the public was unconstitutional.
"Contrary to the dominant narrative in the media, former Vice President Mohadi handed his resignation letter to the appointing authority President Emmerson Mnangagwa a week ago. Let history record this statement of fact," tweeted Charamba.
Despite recorded calls and two broken marriages, Mohadi left office adamant he had been framed.
His exit has resulted in national suspense as Zimbabweans ponder who could be the next second vice president.
Names of ex-Zapu cadres; Army Commander Phillip Valerio Sibanda, Zanu PF supremo Obert Mpofu, Cain Mathema, Tshinga Dube, Sithembiso Nyoni, Judith Ncube and Ambrose Mutinhiri have been thrown around to replace Mohadi.
Mohadi was hounded out of the top office by a string of sex scandals that were exposed by a local news site.
In announcing his resignation, the veteran politician cited Section 96(2) of the constitution.
"Following the recurring dis-information and virilisation of my alleged immoral unions, dispensed through awkward slacktivism, I am stepping down as the Vice President of the Republic of Zimbabwe in terms of Section 96(2) of the constitution of Zimbabwe (no. 20) Act, 2013 with immediate effect," Mohadi said.
But according to Madhuku, that section only applied to deputies who will be elected as running mates and not those serving at the pleasure of the country's president.
Madhuku told NewZimbabwe.com President Emmerson Mnangagwa had no duty to make Mohadi's resignation public within 24 hours as stipulated by Section 96(2) as that will only apply when Vice Presidents are eventually elected as running mates.
Madhuku added Mohadi and Chiwenga were serving more like cabinet ministers and simply had to write a letter of resignation with the Sixth Schedule in mind.
"He was not supposed to cite Section 96(2) but Schedule Six of the constitution because that section will only apply to vice presidents who will be elected as running mates in the future not him or his co-deputy Chiwenga," said Madhuku.
"The vice president's resignation was of no public concern because he was appointed by the president and not elected; it would have been in the public interest had he been elected.
"Mohadi was supposed to resign in a simple way by just indicating he holds office at Mnangagwa's pleasure and thanking him for the opportunity citing Schedule Six or nothing at all."
What this means is revelations by Presidential spokesperson George Charamba that Mohadi in fact resigned last week and not on Monday do not mean Mnangagwa's action to withhold that information from the public was unconstitutional.
"Contrary to the dominant narrative in the media, former Vice President Mohadi handed his resignation letter to the appointing authority President Emmerson Mnangagwa a week ago. Let history record this statement of fact," tweeted Charamba.
Despite recorded calls and two broken marriages, Mohadi left office adamant he had been framed.
His exit has resulted in national suspense as Zimbabweans ponder who could be the next second vice president.
Names of ex-Zapu cadres; Army Commander Phillip Valerio Sibanda, Zanu PF supremo Obert Mpofu, Cain Mathema, Tshinga Dube, Sithembiso Nyoni, Judith Ncube and Ambrose Mutinhiri have been thrown around to replace Mohadi.
Source - newzimbabwe
