President Robert Mugabe yesterday lost a Supreme Court appeal against Prime Minister (PM) Morgan Tsvangirai’s bid to sue him over his unilateral appointment of governors without consulting him.
Tsvangirai took Mugabe to the High Court challenging him for unilaterally appointing the country’s 10 provincial governors, but Mugabe cited Rule 18 to deny responding to the PM’s accusations. Part of Rule 18 used by Mugabe to dismiss Tsvangirai’s challenge reads:
“No summons or other civil process of the court may be issued out against the President or any of the judges of the High Court without the leave of the court granted on court application being made for that purpose.”
Tsvangirai’s lawyer Selby Hwacha last night said the ruling was a positive development to Zimbabwe.
“Up to now, there had been a myth that Mugabe cannot be sued. He is a citizen like any other citizen and can be sued,” Hwacha said. “What it means is that the President must now answer on the merits of Tsvangirai’s argument on why he unilaterally appointed governors without consulting him as required by law.”
Mugabe unilaterally appointed the governors in 2009 without consulting Tsvangirai and the MDC as stipulated in the Global Political Agreement and the constitution.
In accordance with a formula agreed by the negotiators for their respective parties, MDC-T is supposed to get five governors, Zanu PF four and one for the Welshman Ncube-led MDC formation.
