Military action against Mugabe was lawful, judge rules
HARARE, Zimbabwe — The military action leading to Robert Mugabe’s resignation was legal, a High Court judge has ruled, as the military seeks to show its moves were not a coup. Experts said the decision sets a dangerous precedent for future interventions.
Meanwhile, the finance minister and other Mugabe allies were in court Saturday alleging sometimes violent retaliation after the military stepped in.
High Court Judge George Chiweshe, a retired general, ruled Friday that the military’s actions “in intervening to stop the takeover” of Mugabe’s functions “by those around him” were legal.
The military swept in almost two weeks ago after Mugabe’s firing of deputy Emmerson Mnangagwa amid fears that the 93-year-old president’s unpopular wife was positioning herself to take power. The judge said the military’s actions ensured that non-elected individuals did not exercise executive functions, an apparent reference to Grace Mugabe.
Mnangagwa was sworn in as president Friday in a whirlwind reversal of fortunes, becoming just the second leader of Zimbabwe after Mugabe’s 37-year-rule.
The judge’s decisions were quickly criticized both by legal and rights experts and by close Mugabe allies.
“If these breathtaking High Court Orders granted in Harare yesterday represent what is being peddled as a ‘new path,’ then please pray for Zimbabwe,” tweeted minister of higher education Jonathan Moyo.
Zimbabwe’s military sent tanks into the streets overnight on Nov. 14, taking control of the state broadcaster and announcing that Robert Mugabe had been put under house arrest. It said it is pursuing “criminals” close to him accused of harming the economy.
The military’s move led the ruling party to turn against Mugabe, launching impeachment proceedings before he announced his resignation Tuesday, while tens of thousands of Zimbabweans took to the streets in a military-backed demonstration urging him to step aside.
Zimbabwean lawyer Alex Magaisa said the judge’s rulings “may come to haunt Mnangagwa’s government” by setting a precedent in “effectively legalizing military intervention in the affairs of government.”