A Constitutional Court application challenging a Zanu PF bid to extend President Emmerson Mnangagwa’s term of office hangs in balance following a fallout between lawyers handling the matter.
Bulawayo activist Mbuso Fuzwayo, represented by lawyers Nqobani Sithole of Sithole Law Chambers and Advocate Method Ndlovu of Apex Legal Group of Advocates, is challenging a Zanu PF resolution to extend Mnangagwa’s term by two years when it constitutionally expires in 2028.
Exiled former Education minister Jonathan Moyo has been to Fuzwayo’s ConCourt challenge, with Ndlovu saying his involvement carried reputational risks. Moyo has vehemently denied being the brains behind the case and the controversial Constitution Amendment Bill No. 3, which proposes sweeping amendments to the constitution.
The bill seeks to extend presidential and legislative terms from five to seven years, and would bar general votes by allowing the legislature to elect the presidential candidate.
Last week Ndlovu withdrew his legal services, citing a breakdown in trust, reputational risk because of Moyo’s alleged involvement, and non- payment.
The total bill for the project reportedly amounted to US$450 000.
“From the outset, I made it clear to you and to Professor Jonathan Moyo, the principal architect of the litigation, that this matter would expose me to significant reputational risk and would therefore require appropriate and timely commitments and undertakings,” Ndlovu wrote to Sithole
“In addition, within the past week, Professor Moyo advanced allegations against me that are without foundation.
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“The attack was choreographed. I am not sure what you and Professor Moyo are up to, particularly in view of the extent to which you have so far gone.”
Yesterday, Ndlovu told The Standard he was ‘shocked’ to find his letter addressed to Sithole on social media.
He repeated claims that Moyo was directing the proceedings from exile.
“The letter was sent to an instructing attorney and how the letter found itself in the public domain is anyone’s guess, and speaks to professional misconduct,” he said when contacted for comment.
“I withdrew my services mainly because of unprofessionalism, interference from third parties and their failure to honour their side of the bargain.”
Sithole refused to comment about the matter.
However, The Standard obtained a letter in which Sithole equally questioned Ndlovu’s conduct saying he also saw his letter withdrawing his services on social media.
“As of now, we have not received any such communication directly,” reads in part the letter addressed to Ndlovu dated March 6.
“We are also deeply concerned about the contents of the circulated letter, which we shall not repeat at this stage.
“However, we find it disconcerting that such a letter is being circulated publicly before we have received it ourselves.
“The matters discussed, whether true or false, involve privileged information between an attorney/advocate and our client.
“If the letter is genuinely from you, it would constitute a grave breach of professional conduct and confidentiality.”
The proposed amendments have attracted criticism even from within Zanu PF while insiders link it to Mnangagwa’s succession ahead of the party’s 2027 elective congress.
Mnangagwa has not named a successor. The ConCourt is yet to set a date for the hearing of the case.
Critics of the amendments face a renewed crackdown from suspected state security actors.
Legislative watchdog, Veritas, last week urged Zimbabweans to reject the Bill saying it sows seeds of dictatorship.
“In France presidential terms used to be seven years but were reduced to five years in 2002,” Veritas said.
“However, seven-year terms for executive presidents are rare nowadays, for sound democratic reasons, and tend to be associated with authoritarian regimes.
“Furthermore, experience has shown that persons in government become more complacent the longer they remain in office, so their efficiency decreases and corruption tends to increase.”
According to the memorandum attached to the Bill, extending the President’s term will “eliminate election mode toxicity and allow sufficient time for project implementation”.
Veritas also said the proposed amendment will indirectly allow the President to appoint more unelected Cabinet Ministers.
Under section 104 of the Constitution, the President is entitled to appoint up to seven Ministers from outside Parliament.
“If the amendment is passed he could get round this limit by appointing prospective ministers as senators and then appointing them to the cabinet,” the legislative watchdog said.
“In this way he could pack the cabinet with unelected ministers who are loyal to him personally.”
