VICE-PRESIDENT Emmerson Mnangagwa ceased to be substantive Justice minister in December when he assumed the Vice-Presidency, Deputy Chief Justice Luke Malaba has said.
BY CHARLES LAITON
Justice Malaba made the remarks in the Constitutional Court (ConCourt) yesterday where the National Constitutional Assembly (NCA) was challenging the appointment of Mnangagwa and Phelekezela Mphoko as the country’s two Vice-Presidents following the expulsion of Joice Mujuru last December.
Justice Malaba said President Robert Mugabe was free to appoint any of his deputies to administer functions of any ministry, and in Mnangagwa’s case the Ministry of Justice which he used to head before his appointment as Vice-President.
“The President is free to appoint any Vice-President to administer the functions of any ministry. The fact that some people want to call him minister does not make him Minister of Justice,” Justice Malaba said.
“He is a Vice-President in charge of the Ministry of Justice. A minister cannot be a Vice-President and neither can the Vice-President be a minister.”
In his affidavit forming part of the application, Madhuku, who was cited as the second applicant said Mugabe had infringed two fundamental rights enshrined in the country’s Constitution, namely the right to equality before the law and equal protection and benefit of the law and the right to administrative justice.
“We are asking this court to declare the appointments unconstitutional. In the event of this application being determined after the swearing into office, that the appointments be declared null and void,” Madhuku said.
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However, the NCA and Madhuku’s case was dismissed by consent after the court indicated that Mugabe was entitled according to the Constitution to make such appointments at any time during his five-year term of office.
“The President has the power to make such appointments, it’s a power given by the Constitution and it does not give him the timeline,” Justice Malaba said. Justice Bharat Patel concurred saying the President can make such appointments “the key words being at his pleasure and not without delay.”
Attorney-General’s representative Olivia Zvedi submitted that the NCA’s application was mischievous and urged the court to order costs at a higher scale, but the full bench ruled that costs be paid at an ordinary scale. NCA was represented by Advocate Michael Majuru.
