Censured Zanu-PF members told to abide by party constitution
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.