Opinion / Columnist
Mugabe must be charged for undermining the constitution
21 Apr 2015 at 12:53hrs | Views
The constitution of Zimbabwe provides for the independence of judiciary in a bid to satisfy the condition for the separation of powers or vice versa. However by letting a sitting president to single-handedly appoint all the key positions within the judiciary, a loophole was created to for Zanu-PF to keep the judiciary under its control.
Once appointed by Mugabe, the judges will fear to act against his principles. The memory of Gubbay is still fresh within their memories. We heard Mugabe intimidating judges in Chirumuhanzu while propping Auxillia's campaign, where he warned High Court judges against presiding over the matter, saying no judge or magistrate has the power to preside over cases involving Zanu-PF. He was invoking powers derived and provided for by the aforesaid loophole.
Mugabe must in fact be charged for lying under oath (when he was sworn in) that he will uphold the constitution when in fact he consciously acted against it when he threatened the judges. He acted against,
Article 164
Independence of judiciary
(2)
The independence, impartiality and effectiveness of the courts are central to the rule of
law and democratic governance, and therefore
(a)
neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts.
Here Mugabe clearly acted against the Supreme law of the land for here; he was stimulating and scaring the judges not to hear the matter, and so must be charged. This is a very serious offence committed by Mugabe for his duty is to protect and uphold the constitution. We all saw how the matter ended, with judges throwing out the case of Mutasa and Mliswa. Had he not said this before the matter was in courts, probably a different outcome would have ensued. In my opinion Mugabe influenced the ruling by the judges, who were either scared or wanted to please Mugabe by judging along his feelings, so he should be charged for lying under oath or for undermining the constitution.
Similarly Mugabe appointed Rita Mukarau, who once was a Zanu-PF member or probably still clandestinely is, to head ZEC. She with no doubt will act with sympathy or fear of Zanu-PF and would therefore give it some advantage or some benefit during elections. Obviously she would not be fair in her conducting of elections. Zanu-PF generally seems to have total contempt of the constitution.
----------
Zanda Shumba
zekishumba@gmail.com,
St Johns, Bag 113, Nyazura,
Zimbabwe
+263776630178
Once appointed by Mugabe, the judges will fear to act against his principles. The memory of Gubbay is still fresh within their memories. We heard Mugabe intimidating judges in Chirumuhanzu while propping Auxillia's campaign, where he warned High Court judges against presiding over the matter, saying no judge or magistrate has the power to preside over cases involving Zanu-PF. He was invoking powers derived and provided for by the aforesaid loophole.
Mugabe must in fact be charged for lying under oath (when he was sworn in) that he will uphold the constitution when in fact he consciously acted against it when he threatened the judges. He acted against,
Article 164
Independence of judiciary
(2)
The independence, impartiality and effectiveness of the courts are central to the rule of
law and democratic governance, and therefore
(a)
neither the State nor any institution or agency of the government at any level, and no other person, may interfere with the functioning of the courts.
Here Mugabe clearly acted against the Supreme law of the land for here; he was stimulating and scaring the judges not to hear the matter, and so must be charged. This is a very serious offence committed by Mugabe for his duty is to protect and uphold the constitution. We all saw how the matter ended, with judges throwing out the case of Mutasa and Mliswa. Had he not said this before the matter was in courts, probably a different outcome would have ensued. In my opinion Mugabe influenced the ruling by the judges, who were either scared or wanted to please Mugabe by judging along his feelings, so he should be charged for lying under oath or for undermining the constitution.
Similarly Mugabe appointed Rita Mukarau, who once was a Zanu-PF member or probably still clandestinely is, to head ZEC. She with no doubt will act with sympathy or fear of Zanu-PF and would therefore give it some advantage or some benefit during elections. Obviously she would not be fair in her conducting of elections. Zanu-PF generally seems to have total contempt of the constitution.
----------
Zanda Shumba
zekishumba@gmail.com,
St Johns, Bag 113, Nyazura,
Zimbabwe
+263776630178
Source - Zanda Shumba
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