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Chief Justice Malaba out of CAB3 ConCourt hearing
3 hrs ago |
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Chief Justice Luke Malaba will not sit on the seven-member Constitutional Court of Zimbabwe bench set to hear a high-stakes case challenging proposed constitutional amendments that could extend President Emmerson Mnangagwa's rule to 2030.
Malaba is set to step down on May 14, just days before the matter is scheduled for hearing on May 20.
The application was filed by a group of war veterans, including Reuben Zulu, Godfrey Gurira, Shoorai Nyamangodo, Joseph Chinyangare, Digmore Digmore, Knowledge Ndiya and Joseph Chinguwa, who are seeking to nullify Constitutional Amendment No. 3 Bill.
Mnangagwa, cited as the first respondent, did not file a notice of opposition. However, Virginia Mabhiza, the Attorney-General and second respondent, filed opposing papers on her own behalf and on behalf of the President.
Mabhiza argued that the application is speculative, as the Constitutional Amendment No. 3 Bill has not yet been enacted into law. She further submitted that the matter centres on statutory interpretation and does not present any foreseeable disputes of fact.
The applicants, however, have challenged Mabhiza's authority to respond on behalf of the President.
In his affidavit, lead applicant Zulu dismissed the objection that the case is premature, arguing that the challenge relates to the President's current conduct rather than a future law.
"The complaint is that the first respondent has already failed to defend the Constitution by presiding over and being party to the Executive advancement of the impugned scheme," Zulu submitted.
He further argued that the alleged constitutional breach arose when the President used executive authority to advance a process that, in the applicants' view, contravenes provisions of the Constitution, including section 328(7), which bars self-extension of presidential terms, and section 88(1), which outlines the President's constitutional obligations.
The case is expected to test key constitutional principles, including the limits of executive authority and whether courts can intervene before a Bill becomes law.
Malaba is set to step down on May 14, just days before the matter is scheduled for hearing on May 20.
The application was filed by a group of war veterans, including Reuben Zulu, Godfrey Gurira, Shoorai Nyamangodo, Joseph Chinyangare, Digmore Digmore, Knowledge Ndiya and Joseph Chinguwa, who are seeking to nullify Constitutional Amendment No. 3 Bill.
Mnangagwa, cited as the first respondent, did not file a notice of opposition. However, Virginia Mabhiza, the Attorney-General and second respondent, filed opposing papers on her own behalf and on behalf of the President.
Mabhiza argued that the application is speculative, as the Constitutional Amendment No. 3 Bill has not yet been enacted into law. She further submitted that the matter centres on statutory interpretation and does not present any foreseeable disputes of fact.
In his affidavit, lead applicant Zulu dismissed the objection that the case is premature, arguing that the challenge relates to the President's current conduct rather than a future law.
"The complaint is that the first respondent has already failed to defend the Constitution by presiding over and being party to the Executive advancement of the impugned scheme," Zulu submitted.
He further argued that the alleged constitutional breach arose when the President used executive authority to advance a process that, in the applicants' view, contravenes provisions of the Constitution, including section 328(7), which bars self-extension of presidential terms, and section 88(1), which outlines the President's constitutional obligations.
The case is expected to test key constitutional principles, including the limits of executive authority and whether courts can intervene before a Bill becomes law.
Source - newsday
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