Source: Zanu-PF speeds up appeals process | The Sunday Mail June 12, 2016
Zanu-PF’s Politburo has tasked the National Disciplinary Appeals Committee to speed up processing of appeals filed by people expelled or suspended from the ruling party for various reasons.
This comes as President Mugabe last Friday told the National Consultative Assembly that Zanu-PF would not tolerate unprocedural votes of no confidence on members.
Officials who attended last week’s Politburo and Central Committee meetings told The Sunday Mail that unfair disciplinary action had been discussed at length, with calls for fair treatment of cadres improperly punished.
Vice-President Phelekezela Mphoko heads the NDAC.
Zanu-PF Secretary for Legal Affairs Cde Patrick Chinamasa told The Sunday Mail that, “The Politburo spoke at length about the need to handle the disciplinary issues. The meeting emphasised the need to follow proper procedures and also speed up the process to ensure that disciplinary issues are handled within a specified time frame.”
Sources said the NDAC was told to craft guidelines on circumstances under which appeals could be lodged.
“They were also directed to put in place procedures which have to be followed by those making appeals … So the idea is that not everyone has a right to appeal, but you have to meet certain conditions to qualify to appeal and there should also be a time frame within which to appeal.”
According to NDAC’s terms of reference as availed to The Sunday Mail, the appeals committee is expected to:
Adjudicate applications brought before it in terms of the party constitution;
Hear cases that have been heard and determined by the National Disciplinary Committee but whose verdict is disputed;
Adjudicate appeals and review applications in matters determined by the NDC;
Review any NDC decision to ensure procedural fairness has been afforded to the accused, appellant or applicant for review;
Refer matters back to the NDC if procedural fairness has not been afforded;
Consider appeals based on records and findings of the original NDC hearing in order to determine if the outcome was a result of the legal or procedural error.
The NDAC will not retry cases or hear testimonies from witnesses, and the committee’s decisions may in turn be appealed against at the National Congress Ad-Hoc Appeals Committee as provided for in Article 10 Section 76 of the ruling party’s constitution.
Addressing the National Consultative Assembly, President Mugabe banned imposition of improper votes of no confidence. President Mugabe said votes of no confidence should only be passed for dereliction of duty.
“The vote of no confidence is not procedurally done when a person, for example, who is an official commits an offence somewhere and you say we pass a vote of no confidence. No. It is when a person who holds a particular position if failing to do work regarding that position effectively,” he said.
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