Source: Mudenda hails State Liabilities Act repeal – DailyNews Live
Gift Phiri 21 March 2017
HARARE – National Assembly speaker Jacob Mudenda has hailed the High Court
decision to invalidate the State Liabilities Act, which was being used by
government to evade paying its dues.
He said the development was “a major victory for the rule of law”.
Last week, the High Court ruled that the State Liabilities Act, which
barred litigants from attaching government property, was unconstitutional
under a new charter adopted in 2013.
The Act was viewed by critics as a backdoor way by government to shirk
responsibility.
The March 15 landmark ruling was handed down after Mutare businessman
Tendai Blessing Mangwiro – through his lawyer Tawanda Zhuwarara –
approached the court seeking an order to invalidate the statute after
failing to find recourse despite numerous court orders for him to be
reimbursed his $1,5 million confiscated by the police.
The money was impounded by the law enforcement agency following his 2008
arrest, before his subsequent acquittal on theft charges.
In the application, Mangwiro cited Justice minister Emmerson Mnangagwa,
Home Affairs minister Ignatius Chombo and attorney general Prince Machaya,
as respondents.
High Court judge Judith Mushore ruled last Wednesday that the State
Liabilities Act must be invalidated as it is inconsistent with the new
Constitution.
Mudenda, an advocate, said Mangwiro had his constitutional rights
vindicated.
“I was impressed by the High Court’s ruling… he was owed over $1,5m by
government,” he told an editors workshop on the functions of the Public
Accounts Committee in Gweru last weekend.
“And the rule of law says all are equal before the law. And the ministers
responsible for that debt had reneged badly and then they went on to hide
behind the State Liabilities Act Section 5, which says you cannot attach
government property,” he said.
“So this gentleman argued `why should I not attach government property if
I’m owed? I have the right to the protection of the law’ and the High
Court agreed with him because $1,5m is a lot of money, so the court will
say attach,” Mudenda said.
The State had unsuccessfully argued that the State Liabilities Act is
acceptable in a democratic society, that government property belongs to
the citizens and cannot be attached for the benefit of individuals.
The State also argued there could be more people who have similar
judgments that have not been executed.
While Justice Mushore referred the matter to the Constitutional Court for
confirmation of the order, it was not immediately clear if Mnangagwa and
Chombo will appeal against the ruling.
“It will be very interesting to see whether the minister concerned will
appeal to the Supreme Court.
“They will be wasting their time. They must save their time and just pay
that man,” Mudenda said, adding they cannot ignore a direct judicial
order.
Writing the High Court decision, Justice Mushore said: “If Section 5 (2)
is being used to frustrate justice as is clearly the case in the present
matter, then Section 5 (2) is not justifiable in a democratic society
based upon openness, justice, fairness, human dignity, equality and
freedom.”
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