Army’s deployment in ousting Mugabe challenged

A SOUTH AFRICA-BASED Zimbabwean activist has approached the Constitutional Court (ConCourt) challenging the constitutionality of the involvement of the Zimbabwe Defence Forces (ZDF) in last November’s military operation which ousted former President Robert Mugabe from power and facilitated the appointment of Emmerson Mnangagwa and Constantino Chiwenga as President and Vice-President, respectively.

BY CHARLES LAITON

Bongani Nyathi filed an application for direct access to the apex court on May 18, arguing that the move by the ZDF under Chiwenga’s leadership had violated the country’s supreme law.

The matter is yet to be set down for hearing.

In his heads of argument filed on June 4, Nyathi said he wanted the ConCourt to allow him to present his case and question why the Speaker of Parliament Jacob Mudenda, had remained quiet despite having realised that the military had violated the Constitution.

“The main issues for determination are the constitutionality of actions or behaviour of the members of the Zimbabwe Defence Forces (third respondent) under the stewardship/command of second respondent (Chiwenga) during the period from November 13, 2017, leading to the resignation of fifth respondent (Mugabe) from the office of President of Zimbabwe,” Nyathi said.

The activist said the constitutional provisions at stake in his application are sections 110(1) and 208 of the Constitution.

He said Chiwenga was the commander of the ZDF in November 2017 and the deployment of the military in and around Zimbabwe was a violation of section 213 of the Constitution.

He further said Mugabe’s freedom to conduct executive functions was taken away by Chiwenga’s deployment of the military, which resulted in Mugabe’s confinement to his private residence.

In March this year, other civil society activists comprising the Liberal Democrats, Revolutionary Freedom Fighters alongside Vusumuzi Sibanda and Linda Masarira also filed an application arguing that the elevation of Mnangagwa and Chiwenga through a military intervention compromised the country’s adherence to the rule of law.

However, their matter could not be set down for hearing after it was alleged the activists had withdrawn their application, but it later turned out that the application had clandestinely been withdrawn without their
knowledge.

14 Comments

  1. The military did not violate the constitution. But they would have been in violation the constitution if they had stayed in the barracks when a non-elected individual in the name of Grace was making presidential decisions on behalf of the president. So the army simply stopped Grace, Saviour and Jonathan from being co-presidents, because the Constitution does not provide for that. Having done so, they went to see their commander-in-chief, to show him that criminals were taking advantage of his age, and this wasn’t good for the security of this country. At that time Mugabe was a full president, and that’s why he went to cap ZOU graduates, even in the middle of his on-off meetings with the army. We then saw our chance and took to the streets to demand his resignation, and he resigned. Just wanted to help you with the correct version.

    1. I hope you are serious in your thinking.

    2. I am the next president if you believe that

    3. ecstatic that bob is gone

      well said.

  2. You surely have lost touch with reality by living in S.A. Dream on!!!

  3. There is nothing called small coup. A coup is a coup. This was violation of the law. The commander in chief is the only person who can declare state of emergency and can instruct soldiers out of barracks. Mugabe was the commander in chief, but who brought soldiers to the streets. Guys as much as I wanted Mugabe to go don’t lie in your faces thinking this was constitutional. If the pple of zim want go into streets today and protest on this illegitimate gvt they will win this case.

    1. Go to Hell , Matibiri declared that ‘Only the Gun will remove him from power”. That very gun removed him rom power , So What!

    2. Go to Hell , Matibiri declared that ‘Only the Gun will remove him from power”. That very gun removed him from power , So What!

  4. VAFANA, I’M MADE TO BELIEVE YOU ALL HAVE A LEGAL RIGHT TO THE USE OF AN AUTOMOBILE, IF IF IT BREAKS DOWN SIMILARLY ITS YOUR MANDATE TO FIX IT AND TO CALL A MECHANIC.ZIM WAS A BROKE DOWN ENGINE AND DRIVERS WITH THERE RIGHTS HAD TO CALL FOR A MECHANIC, AND THE MECHANIC WAS RIGHT HE DEMANDED AN ENGINE OVERHAUL, SO HE IS BREAKING TO START REBUILDING, TO BRING BRING BACK THE ENGINE TO A PERFECT RUN, ITS NO FUN , THAT JOB NEEDS TIME TO BE WELL DONE. GIVE ED THE MECHANIC TO DELIVER.

  5. Bongani Nyathi you are lumpen…..Mugabe after 37 Years in Power abusing Zimbabweans….you still want Mugabe to President of Zimbabwe…Mugabe rules Zimbabwe illegal for 37 Years….SO WHATS?….THAT WAS THE WAY TO PUSH OUT OF GOVERNMENT…..WHICH LAW ALLOWS MUGABE TO RULE ZIMBABWE FOR 37 YEARS?….

  6. The party could have voted Mugabe out

  7. zanu you have problem,you hv been supporting bob while he was destroyimg the country,now ed is in power you are supporting him and blaming bob for everyting but he was second in command. The has a malicy spirit,today if i become your leader after removing ed you will declare that you wl die for me.Lets all face reality,supporters are the most poorest and leadrs the most richest and they use their money to suppress you the poor. open your eyes there is more to what you can see.Read Numbers 13 about spies sent by Moses to Canan

  8. zanu you have problem,you hv been supporting bob while he was destroyimg the country,now ed is in power you are supporting him and blaming bob for everyting but he was second in command. The has a malicy spirit,today if i become your leader after removing ed you will declare that you wl die for me.Lets all face reality,supporters are the most poorest and leadrs the most richest and they use their money to suppress you the poor. open your eyes there is more to what you can see.Read Numbers 13 about spies sent by Moses to Canan

  9. Hahahahahahahahahahahahahahahahha, kikikikikikikikikikikikikikikikikikikikik, whatever your name is, kikikikikikikikikikikikikikikikikikikikikikikikikikikiki,
    hahahahahahahahahahahahahahahah. RG Mugabe ,kikikikikikikikikikikikikikikimiki. Court case, iya, pakaipa

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