PRESIDENT Emmerson Mnangagwa has been taken to court by political activist Allan Chipoyi over the controversial reassignment of Zimbabwe Human Rights Commission (ZHRC) chairperson Fungayi Jessie Majome to the Public Service Commission (PSC).
Chipoyi, represented by Doug Coltart of Mtetwa & Nyambirai Legal Practitioners, is seeking an order declaring the President’s decision null and void.
The application, filed at the High Court, argues that the purported “reassignment” is an unconstitutional mechanism to remove Majome from office without following due process.
Chipoyi is asking the court to immediately reinstate Majome to her full functions, duties and privileges as ZHRC chairperson.
He further seeks to interdict anyone acting on the President’s behalf from interfering with the commission’s functioning or the tenure of its chairperson, except as strictly permitted under section 237 of the Constitution.
The activist approached the High Court under section 167(2)(d) of the Constitution, which grants the court exclusive jurisdiction to determine whether the President has failed to fulfil a constitutional obligation.
In his submissions, Chipoyi argued that the President’s act of “reassigning” Majome is, in substance, a removal from office.
He submitted that the Constitution does not recognise “reassignment” as a lawful mechanism for terminating or interrupting the tenure of an independent commission member.
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“Section 237(3), as read with section 187 of the Constitution, prescribes a peremptory and exhaustive procedure for the removal of a member of an independent commission, including the appointment of a tribunal to investigate the matter and make a recommendation,” he submitted.
“In terms of section 187(8), a member of an independent commission may only be removed from office by the respondent pursuant to the recommendation of a duly constituted tribunal.
“The respondent did not appoint such a tribunal, nor was any recommendation made to him for the removal of the chairperson of ZHRC... the respondent failed to fulfil his constitutional obligation within the contemplation of section 237(3), as read with section 187(8) of the Constitution, which requires the respondent to remove a member of an independent commission pursuant to recommendations from a duly constituted tribunal.”
Chipoyi also raised a stink over the timing of Majome’s reassignment.
On April 7, 2026, ZHRC, through Majome, issued a public statement raising concern about “flawed and exclusionary” public consultations on the Constitution of Zimbabwe Amendment (No 3) Bill, citing insufficient venues, harassment of dissenting voices and controlled participation.
On April 10, 2026, she was removed from office and reassigned to PSC.
“The temporal proximity and political context demonstrate that this action was not a routine administrative deployment, but a punitive, retaliatory measure designed to purge a dissenting constitutional voice from an independent commission,” he submitted.
He indicated that Majome had not tendered a written resignation nor had she been found guilty of gross incompetence or misconduct.
Chipoyi said as a concerned citizen, he was a direct beneficiary of Chapter 12’s constitutional framework, which guarantees independent commissions to operate without fear, favour or political interference.
“The independence, tenure and proper functioning of Chapter 12 institutions are constitutional guarantees afforded for the benefit of the public at large, including myself.
“Any unlawful interference with such institutions directly affects the integrity of the constitutional order and the effectiveness of Chapter 12 institutions established to protect my fundamental rights.
“This has a direct bearing on my rights and interests as a citizen.”
The application is pending before the High Court.
