Cen­sured Zanu-PF mem­bers told to abide by party constitution

Chronicle (Zimbabwe) - - National News - Nduduzo Tshuma Po­lit­i­cal Ed­i­tor

ZANU-PF yes­ter­day said re­spec­tive prov­inces where of­fi­cials were rec­om­mended for cen­sure for col­lud­ing with axed Vice Pres­i­dent, Mr Em­mer­son Mnan­gagwa, should abide by the party’s constitution in han­dling cases of the said per­sons.

Party sec­re­tary for in­for­ma­tion and pub­lic­ity Cde Si­mon Khaya Moyo said in the case of mem­bers of su­pe­rior or­gans, the prov­inces should pre­pare charge sheets to be submitted to the sec­re­tary for ad­min­is­tra­tion Dr Ig­natius Chombo for on­ward trans­mis­sion to the na­tional dis­ci­plinary com­mit­tee.

Pres­i­dent Mu­gabe last week fired Mr Mnan­gagwa from Govern­ment with im­me­di­ate ef­fect over al­le­ga­tions of, among other things, dis­loy­alty, dis­re­spect, de­ceit and un­re­li­a­bil­ity.

The rul­ing party also ex­pelled Mr Mnan­gagwa from its ranks with prov­inces iden­ti­fy­ing more that 100 party of­fi­cials ac­cused of sup­port­ing his “suc­ces­sion­ist” bid and rec­om­mend­ing that they be sus­pended or ex­pelled.

Said Cde Khaya Moyo: “The Polit­buro sit­ting at its 313th Or­di­nary Ses­sion at the Party Head­quar­ters on the 8th Novem­ber 2017, re­solved that all dis­ci­plinary cases pre­ferred against some party mem­bers should be dealt with in terms of laid down pro­ce­dures as set out in the party constitution. In the case of prov­inces and other sub­or­di­nate struc­tures, dis­ci­plinary pro­cesses should be con­ducted in terms of Ar­ti­cle 10 Sec­tion 77 to 82 as read with Sec­tion 69 of the Constitution.”

The men­tioned sec­tions pro­vide a frame­work in the set­ting up of dis­ci­plinary com­mit­tees in the party’s branch, district and pro­vin­cial lev­els and stages to be fol­lowed in the process.

Some of the fin­gered of­fi­cials in­clude party big­wigs Zanu-PF sec­re­tary for le­gal af­fairs, Cde Patrick Chi­na­masa, who chairs the party’s NDC, min­is­ters Cdes Kembo Mo­hadi, Op­pah Muchin­guri-Kashiri, Christopher Mushohwe, and Josiah Hungwe whose home prov­inces want them dis­ci­plined.

“In the case of dis­ci­plinary pro­cesses against mem­bers of su­pe­rior or­gans, re­spec­tive prov­inces should pre­fer charges and sub­mit their rec­om­men­da­tions to the sec­re­tary for ad­min­is­tra­tion for on­ward trans­mis­sion to the Na­tional Dis­ci­plinary Com­mit­tee for fur­ther due process,” said Cde Khaya Moyo.

Dr Chombo, at the week­end, warned party mem­bers against abus­ing the on­go­ing at­tempts to flush out party mem­bers ac­cused of work­ing with Mr Mnan­gagwa to set­tle per­sonal scores or for po­lit­i­cal ex­pe­di­ency as he called for sober­ness and ad­her­ence to party pro­ce­dure in all cases as he nul­li­fied sus­pen­sions and ex­pul­sions in Mashona­land West prov­ince.

Mashona­land West had rec­om­mended the ex­pul­sion of Polit­buro mem­ber Cde Prisca Mup­fu­mira and Zvimba West Na­tional Assem­bly rep­re­sen­ta­tive Cde Ziyambi Ziyambi. In Pro­vin­cial Co-or­di­nat­ing Com­mit­tee meet­ings last week, a num­ber of of­fi­cials were rec­om­mended for sus­pen­sion or ex­pul­sion.

Harare rec­om­mended the ex­pul­sion of Polit­buro mem­bers Cdes Clev­e­ria Chizema and Omega Hungwe, and Harare East Na­tional Assem­bly rep­re­sen­ta­tive Cde Ter­rence Mukupe; while 22 oth­ers face sus­pen­sion.

In Mata­bele­land South, rec­om­men­da­tions were made for the ax­ing of pro­vin­cial chair Cde Ra­belani Choeni, Cen­tral Com­mit­tee mem­bers Cdes Reni Kibi and Tam­budzani Mo­hadi, Mata­bele­land South pro­vin­cial war vet­er­ans’ chair Cde Sec­tion Ncube, and for­mer Mata­bele­land South Pro­vin­cial Af­fairs Min­is­ter, Cde Abed­nico Ncube.

In Masvingo, the PCC rec­om­mended the ex­pul­sion of party Deputy Sec­re­tary for Le­gal Af­fairs Cde Paul Mang­wana, Deputy Sec­re­tary for Se­cu­rity and Par­lia­men­tary Chief Whip Cde Love­more Matuke, and Cen­tral Com­mit­tee mem­ber Cde Cle­mence Mak­warimba. The prov­ince also wants its chair, Cde Ezra Chadza­mira, booted out.

Man­i­ca­land rec­om­mended the ex­pul­sion of Cdes Mike Madiro, Joshua Sacco, Moses Gutu, Win­nie Mlambo, Joseph Mu­jati, Christopher Chin­gosho, Alice Chitima, Oliver Mandi­paka, Gor­den Chik­wanda, Timothy Ma­pung­wana, Mon­ica Mutsvangwa, Ellen Gwaradz­imba, Tasin Dube, Hu­bert Nyan­hongo and Judith Mawire.

In Mashona­land East, there is a push to eject Cde Joel Big­gie Ma­tiza and Deputy Speaker of the Na­tional Assem­bly Cde Mar­bel Chi­nomona. Those un­der in the cosh in Mid­lands in­clude Cdes July Moyo, Aux­ilia Mnan­gagwa, Owen Ncube, Cor­nelius Mu­pereri and Jus­tice Mayor Wadyadyena.

Bu­l­awayo also came up with a list of mem­bers they want dealt with, which in­cludes women’s league’s Eve Bitu, Cen­tral Com­mit­tee mem­ber Anna Moyo and deputy pro­vin­cial com­mis­sar Dou­glas “Bin Laden” Gan­gaidzo. Some mem­bers are also bay­ing for the blood of for­mer War Vet­er­ans’ Min­is­ter, Re­tired Colonel Tshinga Dube and busi­ness­man El­phas Mashava, among oth­ers. FIRED for­mer Vice Pres­i­dent Em­mer­son Mnan­gagwa vi­o­lated the constitution when he joined a Univer­sity of Zim­babwe law stu­dent’s fight for the sus­pen­sion of a law­ful process to se­lect the coun­try’s new Chief Jus­tice on the basis of a mere pro­posed amend­ment to the supreme law of the coun­try, the Supreme Court has ruled.

The constitution pro­vides for the se­lec­tion of a new Chief Jus­tice through pub­lic in­ter­views but ex-VP Mnan­gagwa, in his ca­pac­ity as the then Min­is­ter of Jus­tice, Le­gal and Par­lia­men­tary Af­fairs, sup­ported Mr Romeo Zibani, who was seek­ing to bar the pub­lic in­ter­views.

Ex-VP Mnan­gagwa filed a draft mem­o­ran­dum to Cab­i­net in which he pro­posed the change of law re­gard­ing the ap­point­ment of a Chief Jus­tice.

The ex­ec­u­tive draft mem­o­ran­dum, led the High Court into grant­ing an in­ter­dict stop­ping the pub­lic in­ter­views.

How­ever, JSC noted an ap­peal and pro­ceeded with the in­ter­views that later re­sulted in the ap­point­ment of Chief Jus­tice Mal­aba as the new ju­di­ciary boss.

Early this year the Supreme Court al­lowed JSC’s ap­peal but the rea­sons for the de­ci­sion were stated in a de­tailed 21-page judg­ment availed last week.

In the judg­ment, Jus­tice Bharat Pa­tel said at­tempts by the Mr Mnan­gagwa to stop a con­sti­tu­tional process on the basis of a pro­posed amend­ment of the supreme law was un­law­ful.

“The third re­spon­dent’s con­duct in seek­ing to have the op­er­a­tion of a con­sti­tu­tional pro­vi­sion sus­pended on the basis of a pro­posed con­sti­tu­tional amend­ment is ob­vi­ously in­con­sis­tent with his obli­ga­tions in terms of Sec­tion 2(2) of the Constitution (Doc­trine of Supremacy of the Constitution).

“For a court to grant the priv­i­lege that he seeks would be tan­ta­mount to con­don­ing a vi­o­la­tion of those obli­ga­tions, thereby pos­ing a se­ri­ous threat to the rule of law en­shrined in Sec­tion 3(1) (b) of the Constitution,” reads the judg­ment. Sec­tion 2(2) of the Constitution reads: “The obli­ga­tions im­posed by this Constitution are bind­ing on every per­son, nat­u­ral or ju­ris­tic, in­clud­ing the State and all ex­ec­u­tive, leg­isla­tive and ju­di­cial in­sti­tu­tions and agen­cies of Govern­ment at every level, and must be ful­filled by them.”

On ap­peal, the ex-VP’s lawyers ar­gued that the High Court was cor­rect in at­tach­ing value to the ev­i­dence from the ex­ec­u­tive on the pro­posed amend­ment of the Constitution.

This, ac­cord­ing to the Supreme Court, was weird and amounted to an at­tack on con­sti­tu­tion­al­ism.

“With all due def­er­ence to the over­ar­ch­ing po­lit­i­cal role of the ex­ec­u­tive, this ar­gu­ment is not only star­tling but patently out­landish in its dis­dain for the es­tab­lished norms of con­sti­tu­tion­al­ism. It pos­tu­lates the very an­tithe­sis of the rule of law,” the court ruled.

The court con­cluded that the Constitution can­not be ab­ro­gated or sus­pended by in­tended ex­ec­u­tive ac­tion re­lat­ing to the prospec­tive amend­ment of its pro­vi­sions.

The court ex­pressed dis­plea­sure at the con­duct of Zibani and his lawyers.

Zibani, through his lawyers, wrote two let­ters to the Supreme Court in­ti­mat­ing that the ap­peal’s set down was un­law­ful, pal­pa­bly tainted ir­reg­u­lar.

He sought the re­moval of the mat­ter from the roll.

“Their rea­sons for tak­ing that view was not only brusque and over­bear­ing but also con­tu­me­lious to­wards the Regis­trar and, by nec­es­sary im­pli­ca­tion, con­temp­tu­ous of this court,” reads the judg­ment.

Some ur­ban farm­ers have started re­act­ing to the re­cent rains re­ceived over the week­end. The pic­ture taken re­cently shows an uniden­ti­fied Bu­l­awayo res­i­dent car­ry­ing seed maize in Mpopoma

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