Mnangagwa Presidency challenged

LOCAL civil society activists have approached the Constitutional Court (ConCourt) challenging President Emmerson Mnangagwa and his deputy Constantino Chiwenga’s ascendancy to power by forcing former President Robert Mugabe to resign in November last year.

BY CHARLES LAITON

In a chamber application filed at the ConCourt yesterday, the Liberal Democrats, Revolutionary Freedom Fighters alongside Vusumuzi Sibanda, Linda Masarira and Bongani Nyathi urged the court to grant them direct access, arguing that the elevation of the duo through a military intervention, compromised the country’s adherence to the rule of law.

In his founding affidavit forming part of the application, Sibanda said he was not seeking the reversal of Mugabe’s resignation or Mnangagwa’s inauguration, but sought guarantees for the rule of law.

“I do not seek the reversal of what took place leading to the resignation of the fifth respondent (Mugabe) and the inauguration of the first respondent (Mnangagwa). I am seeking the restoration of the rule of law, the supremacy of the Constitution, the declaration and the condemnation of constitutional infringements and the separation of powers of the executive, the judiciary and the legislature,” Sibanda said.

“The current scenario in Zimbabwe poses a serious threat to democracy in that, he who led (second respondent, Chiwenga) on November 14 to 21, 2017 was later seen at a Zanu PF extraordinary congress in December and was later elevated to the position of Vice-President.

“Retired Chief Air Marshal Perrance Shiri and Retired Lieutenant General Sibusiso Moyo were appointed Ministers of Agriculture and Foreign Affairs respectively by first respondent. Such was the violation of the Constitution by the first, second and third respondents (Mnangagwa, Chiwenga and Zimbabwe Defence Forces (ZDF).”

In the application, the activists said the basis of their application, if granted leave, was to challenge the alleged unconstitutional actions of members of the ZDF and the security services.

They said the actions by the ZDF and members of the security services and the political affiliation of members of the ZDF and security services were prohibited by section 208(2) (a) and (b) and section 211 (3) of the Constitution of Zimbabwe.

“On November 13, 2017, second respondent who was then the Commander of the ZDF held a Press conference at the army headquarters in Harare where he lamented the purging of former liberation veterans in Zanu PF.

“He threatened that the army would step in the political affairs of Zanu PF to curb the alleged purging of liberation veterans…in announcing his statement second respondent was the Commander of the ZDF and as such, his actions were contrary to section 211(3) of the Constitution of Zimbabwe,” Sibanda said.


“On November 14, 2017, vehicles in the form of tanks from the ZDF barricaded some roads leading to the President’s offices along Samora Machel Avenue/Sam Nujoma Street and Nelson Mandela Avenue roads leading to Parliament of Zimbabwe, just to mention a few, such development was inconsistent with section 213 (1)(a) and (b) of the Constitution.”

The activists further said soon after Mugabe’s resignation, Mnangagwa was airlifted from exile to the country by a helicopter belonging to the ZDF and escorted by the same to his inauguration.

“Such escort at the height of political intervention was evidence to first respondent being the architect of the coup d’etat,” they argued.

“The above actions by second and third respondents displayed allegiance and partisanship to a faction of the first respondent nicknamed Lacoste of Zanu PF who had been expelled from government by fifth respondent just a week before the intervention of second, third and fourth respondents. This was clearly a violation of the Constitution of Zimbabwe.”

The matter is yet to be set down for hearing.

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34 Comments

  1. Mwana Wamambo

    very interesting case. It has merit.

  2. Comment….Rinemanyanga hariputirwe. Chiwenga staged a coup detat against the Mugabe administration and this introduced a introduced a very bad precedence of the removal a govt by the barrel of gun. Pasi nejunta!

  3. Stupid activists. Idiots, you are evil. You do not use your brain to think? I guess you are funded by the G40 cabal and Grace as well as Robbert Mugabe. We will not allow you to bring back the yoke of Mugabe on our necks never, black satanists. Attention seekers who want to dupe unsuspecting dodnors of their resources shut up.

    1. Hauverengi here? Ko zvamunenge manoverenga headline chete nhai bambo, mongomhanyira kutuka tuka!

    2. Advocate Mutyaz

      I second that. This is a new regime, lets all focus on economic recovery than political games. They take us nowhere. If they say Pres Mnangagwa is bad, how come they were all with us in the march to new dispensation

      1. Indepedent thinker

        the march was in no way a support of ED by an chance. it was simply an agreement to the step down of RG Mugabe. please dont confuse the two. Zimbabweans in their numbers simply went on the streets to simply let me Mugabe know we were tired of him and his rule. let me also make mention of the booing chinamasa got ku highfields ground when he mentioned he was a representative of ZANU. In simple terms the booing was to bringing to awareness that the people were tired of both Mugabe and Zanu as these two cannot be separated.Yes Mugabe is gone but the system of abuse of power, corruption and an evil associated with this regime is still in place. you can talk about economic recovery but unless systems are put in place that harness those ideas Cde ED it won’t work

  4. @Dzimbabwe , get out of your dream and understand what was written , we seek the rule of law , not the fast track by these coup leaders. Pasi nejunta pasi ne coup.

  5. Prosper Tangenhamo

    hapana nyaya apa. all former Zanla and Zipra fighters are cadres not career soldiers. they are political soldiers.

    Carrer soldiers joined the army as from 1982 onwards. the liberation contigent were politicised first before going for military training and political studies continued during training periods.

    The zanu(pf) central committee fired the founding father of Zimbabwe and he like Zuma resigned before empeachment coz he was conrered

  6. KKKKK, interesting. God will decide

  7. But Dzimbabwe kaa, get a chill pill

  8. if the coup was legitimized by the courts what more this crap

  9. Apa we just a few months ahead of elections, Muzimbabwe muchanakidza gore rino!

  10. there are always loopholes in a law…..they did what they did using these loopholes carefully….. so it was legal and constitutional relax guys….WE LOVE YOU JUNTAS YOU FOUGHT A SECOND LIBERATION WAR TO LIBERATE US FROM MUGABE”S DICTATORSHIP AND DYNASTY.

    1. Indepedent thinker

      haha the same there created. don’t be naive to think this coup was for the bulk of zimbabweans. not by a long shot. it was simply done to push a political agenda. i’m reminded of ED’s speech on his return, “i was in direct communication with the coup leaders”. let us analyse that statement, why was he in direct contact with the army. ari ani? in simple terms this was a organised plot to restore their power chete. if he was genuine there would be no reason to elevate army leaders. 2. keep known criminals like him in his cabinet.3. not a single conviction of the alleged criminals been targeted by the coup leaders. 4. no necessary reforms made in key areas. the list is endless

  11. Pasi ne Junta!! we need Democracy in Zimbabwe

  12. Madhodhi all those so called activists. All commanders who went to war are politicians and you can never separate them from ZANU-PF. Inga maimboti Chiwenga ngaabvise uniform so that he joins politics akabvisa wani so chaipa chii? Go to hell hamuna nyaya.

  13. Tsek wako Windsor; kamukedha kasina hunhu!!

  14. Vanhu havetende sure.I think we are better of with the Junta than with Mugabe, Jonathan, Grace and their katundus. Zvino ndirini Chiwenga ndayidzosera mugabe wacho pachigaro, munyasoyuwira.

  15. Dai mari yauri kushandisa in this process yaibva muhomwe dzako hawaiita izvi. Are you testing the country’s leadership?

    1. who wants mugabe agina again in this modern world munopenga get away apa

  16. kutaura kwamusina kuswera

  17. these are the people who supported the coup,in Zimbabwe these activist are jus nuisance..get lost,vote chamisa

  18. The question still remains, what was the urgency when elections were only 6 months away when the majority, if the sample crowd in solidarity march was representative of the entire electorate, could have legally removed Mugabe through the ballot? What is it that the military foresaw in the remaining 6 months that they failed to see in the 37 years they were in romance with Mugabe and unlike Edgar Tekere, only stood up to challenge the former President after having been fired? Let’s not lie to ourselves Mugabe’s recall and impeachment were not done under normal free and fair conditions.They were preceded by his kidnapping and being conditionally held hostage by the military. And because Mugabe had the constitution on his side, the military demanded ransom which ZanuPF partly paid in the form of a recall while the remainder was paid by Parliament in the form of an impeachment process. Only a fool would not see that both institutions did not act voluntarily and freely but duress. Legally, Mugabe could only be put under house arrest on resisting to step down after a voluntary and free recall and impeachment NOT the other way round

  19. They do not seek a return a return of Mugabe nor a reversal of ED’s appointment. They simply want a determination of the constitutionality of the actions of Chiwenga and ZDF.

    In all fairness we know this was a coup – we are civilised and are not going to condone military takeovers. Its the same guyz that are going 2town about not saluting someone who is without libereration war credentials.

    They are saying their will supersedes that of the +99.9% of the Zimbabweans. What crap.

  20. Stupid idiots. You are seeking relevance Masarira and team, shut up. You want to please donors so that they will deposit US$ into your accounts. You have no remorse. Zimbabwe is better off with Ngwena than Bob. Right now people are marching freely no police beatings set for the incident of commuter omnibus issues. no roadblocks. Chivhayo now being questioned. At least there are some serious engagements to revive economy. Let s focus on economic revival not these selfish lawsuits.

  21. Chikurukufema

    masarisa usaite noise. Idya mari dzema donors wakanyarara.

  22. captain jack sparrow

    all things equal. coup or no coup. its better that mugabe is now a thing of the past. cry my beloved country

  23. Chingwa Chimbambaira

    In civil society you have to standout or be relegated to the forgotten which means fewer grants and eventually loss of sustainance. So when everything is quiet you have to create some noise to remain relevant even if it means urinating at the entrance of Harare Central Police Station in defence of private rights of self, This comment has nothing to do with the story nor is it suggesting anything

  24. Sekera Mudende

    Comment…Tofa nekurohwa nemaganazi weduwee chandakaendera zvangu ku march yekubvisa Mugabe .hurumende yemasoja ma1 hama sekuru waitove nani mapurisa aisatenderwa kutirova.Mumigwagwa umu kanzuru yaane ma leuitenant nema sergent weduuwee zrp ngaitodzoke zvayo……….mutare

  25. Concerned Citizen

    Linda must go too,,,,,,,,we don’t want confusion kana paine akutuma taura not kuda kuita zvinhu wechida kuzvichenesa,,,,,,,tisu takando macha ED wacho tongomubvisa pama votes kana tisingachamudi,,,,,,,,some are busy campaining whilsy you are busy in courts,,,,,,,,,as a nation we are go nowhere kana tikaita vanhu vakaita sewe

  26. Chiwenga argued that the army acted in accordance with its constitutional mandate to avert a situation that was likely to cause war. Grace Mugabe had made a bedroom coup. The army went in to reverse exactly that. Mugabe was incapacitated due to old age. Any medical doctor can determine that incapacity. Chiwenga and Shiri resigned. Legally speaking, the regime is legit. That is exactly what the army should do in that situation. Failure to do so would gross negligence.

  27. Even Robert Mugabe acknowledged Chiwenga’s effort to reconcile the two giants. You cannot attack Mnangagwa and Chiwenga based on how they got to power. They did. Its like taking your mother and father to court for what they did to give birth to you. You judge them based on current performance. You criticize what they are doing now and suggest they way forward. Its backward to argue that the Military misdirected itself when it took control.

  28. Comment…ZvaMugabe hatichadi hedu were. ehee whether its coup or not but we thank them for removing the old despot nemukadzi wake nembavha dzaiva dzakamutenderedza. Ndo operation restore regacy yacho. maida kuramba muchiba kusvika rini. Tonga ED vachingohukura mbwa idzo dze G40

  29. chaka tha boss

    Comment…guyz vanhu varikutamba nhamo masmall ages below age of 40 ko madhara achadei

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