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Court dismisses Ibhetshu Likazulu bid to revive Constitutional case
3 hrs ago |
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Pressure group Ibhetshu Likazulu has failed in its attempt to revive a legal challenge against proposed constitutional amendments linked to the tenure of President Emmerson Mnangagwa.
The group, led by Mbuso Fuzwayo, had initially withdrawn its application, citing a campaign aimed at discrediting both the organisation and its leadership. However, the withdrawal did not comply with court procedures, as it was filed without settling the respondents' wasted costs.
The respondents in the matter included President Mnangagwa, ZANU-PF, Justice Minister Ziyambi Ziyambi and Attorney-General Virginia Mabiza.
Although Ibhetshu Likazulu later attempted to correct the procedural error by submitting a fresh withdrawal, the court ruled that the matter had already been finalised. Fuzwayo subsequently sought to reinstate the case, arguing that new legal advice justified its revival.
However, the Registrar of the Court determined that reinstatement was legally impossible once proceedings had been withdrawn. The matter was then placed before Anne Mary Gowora, who heard arguments from all parties.
Legal representatives, including Advocate Edley Mubaiwa for ZANU-PF and Sylvester Munyaradzi Hashiti for President Mnangagwa, argued that withdrawal of a case effectively terminates proceedings, with no legal provision for reinstatement through correspondence or other means.
During proceedings, Justice Gowora pressed Ibhetshu Likazulu's counsel, Nqobani Sithole, to provide a legal basis for reviving the matter. Sithole conceded that procedural errors had been made and acknowledged that the withdrawal rendered the case irretrievable.
The original application had challenged the legality of constitutional amendments perceived to benefit an incumbent president.
In March, Ibhetshu Likazulu publicly confirmed its withdrawal, citing consultations and external pressures.
Meanwhile, Justice Minister Ziyambi has maintained that the proposed Constitutional Amendment Bill No. 3 is being handled transparently, following an extensive 90-day public consultation process conducted across the country's districts.
The group, led by Mbuso Fuzwayo, had initially withdrawn its application, citing a campaign aimed at discrediting both the organisation and its leadership. However, the withdrawal did not comply with court procedures, as it was filed without settling the respondents' wasted costs.
The respondents in the matter included President Mnangagwa, ZANU-PF, Justice Minister Ziyambi Ziyambi and Attorney-General Virginia Mabiza.
Although Ibhetshu Likazulu later attempted to correct the procedural error by submitting a fresh withdrawal, the court ruled that the matter had already been finalised. Fuzwayo subsequently sought to reinstate the case, arguing that new legal advice justified its revival.
However, the Registrar of the Court determined that reinstatement was legally impossible once proceedings had been withdrawn. The matter was then placed before Anne Mary Gowora, who heard arguments from all parties.
During proceedings, Justice Gowora pressed Ibhetshu Likazulu's counsel, Nqobani Sithole, to provide a legal basis for reviving the matter. Sithole conceded that procedural errors had been made and acknowledged that the withdrawal rendered the case irretrievable.
The original application had challenged the legality of constitutional amendments perceived to benefit an incumbent president.
In March, Ibhetshu Likazulu publicly confirmed its withdrawal, citing consultations and external pressures.
Meanwhile, Justice Minister Ziyambi has maintained that the proposed Constitutional Amendment Bill No. 3 is being handled transparently, following an extensive 90-day public consultation process conducted across the country's districts.
Source - The Herald
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