Lawyer sues Mnangagwa for restoring a lapsed Bill

BULAWAYO lawyer Nqobani Sithole has taken President Emmerson Mnangagwa, Speaker of the National Assembly Jacob Mudenda, Senate President Marble Chinomona and Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi to court contesting the legality of the restoration of Constitutional Amendment No 1 (HB 1A. 2017) which lapsed in July 2018.

Sithole filed the application at the Bulawayo High Court on April 22 citing Mnangagwa, Mudenda, Ziyambi and Chinomona as respondents.

In his founding affidavit, Sithole submitted that he was filing the application in terms of Section 167 (2) (d) of the Constitution as read with Rule 27 of the Constitutional Court Rule 2016 for declaratory orders and consequential relief for the court to declare that parliament through Senate failed to exercise its legislative authority under section 131 (2) of the constitution of Zimbabwe Amendment No. 20 Act 2013 in accordance with the Constitution by passing a motion to restore the constitution amendment No.1) H.B 1A, 2017 to the order paper on March 24 2021 when the said Constitutional Bill had lapsed on July 29 2018 by operation of section 147 of the Constitution.

He said it must be declared that parliament through the senate failed to exercise legislative authority under section 131 (2) of the Constitution.

Sithole further said it must be declared that all processes from the restoration and passage of Constitution Amendment No.1 (H.B 1A, 2017 by the senate on March 24 2021 and on April 6 2021 are of no force or effect.

He said the law requires the respondents not to violate any provision of the Constitution as section 119 of the same imposes an obligation on parliament to protect the Constitution and promote democratic governance.

His application arose in that during the eighth parliament, Ziyambi tabled a Bill Amendment No.1 (H.B. 1A, 2017) the provision of which sought to amend several sections of the constitution including the manner in which the appointment of judicial officers was to be done.

“On July 25, 2017 the Bill was debated and passed in the House of Assembly of the eighth parliament as required by section