News / National
Garwe's ban 'null and void', says Mahere
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Opposition activist, lawyer and law lecturer Fadzayi Mahere has challenged the legality of Local Government Minister Daniel Garwe's recent directive banning the night importation and sale of second-hand clothes, as well as night vending, describing the move as unlawful and without legal force.
Garwe announced the ban last week, citing public order and safety concerns. However, Mahere argues that such a prohibition cannot be imposed through a press statement and must be backed by proper legislation.
In a strongly worded statement posted on social media, Mahere said:
"Dear Honourable Ministers,
As a matter of law, you have no power to ban trade or any other activity by press statement. Section 68 of the Constitution requires all actions by Government to carry the force of law. Unless there is a valid enactment underlying your ban, it is invalid and of no force or effect. This is a constitutional democracy, not an unwieldy jungle. Let's adhere to the rule of law."
Her remarks have reignited debate over ministerial powers and the rule of law in Zimbabwe, with critics warning that the use of executive directives without parliamentary oversight undermines constitutional governance.
The Local Government Ministry has not yet responded to Mahere's comments.
Legal experts say the matter could be challenged in court if affected traders seek relief, with the potential to set an important precedent on the limits of ministerial authority.
Garwe announced the ban last week, citing public order and safety concerns. However, Mahere argues that such a prohibition cannot be imposed through a press statement and must be backed by proper legislation.
In a strongly worded statement posted on social media, Mahere said:
"Dear Honourable Ministers,
Her remarks have reignited debate over ministerial powers and the rule of law in Zimbabwe, with critics warning that the use of executive directives without parliamentary oversight undermines constitutional governance.
The Local Government Ministry has not yet responded to Mahere's comments.
Legal experts say the matter could be challenged in court if affected traders seek relief, with the potential to set an important precedent on the limits of ministerial authority.
Source - businessdaily.co.zw
