via ‘Mugabe acted unlawfully’ – DailyNews Live 20 February 2015
HARARE – Former Presidential Affairs minister, Didymus Mutasa, last night released a scathing statement regarding his purported expulsion from Zanu PF, accusing President Robert Mugabe of acting unlawfully and breaching the ruling party’s constitution.
The statement followed an earlier exclusive interview that Mutasa had granted the Daily News (see today’s lead story) in which he stated that Mugabe’s wife, Grace, was now in charge of Zanu PF.
In the statement last night, which he again defiantly signed as Zanu PF’s legitimate secretary for administration, Mutasa said the “purported meeting of the Zanu PF politburo”, that met on Wednesday and took a decision to expel him and his nephew Temba Mliswa from Zanu PF, was a sham.
He said the politburo had met and acted against him despite the fact that in the previous politburo meeting, a disciplinary committee chaired by Vice President Phelekezela Mphoko had been appointed and set up to conduct proceedings against him.
“The purported expulsion, is null and void, and a serious breach of our party constitution and indeed the Constitution of Zimbabwe.
“Article 10 of Zanu PF constitution establishes a national disciplinary committee chaired by the party national chairman which has the power of conducting disciplinary hearings, subject to the principles of natural justice.
“The duty and responsibility to comply with principles of natural justice is set out in Section 65 of Article 10 of the Zanu PF’s constitution.
“In my case, no charges were ever laid against me, and the disciplinary committee never summoned me to any disciplinary hearing.
“Over and above this, this disciplinary committee, is improperly constituted anyway given that, the (disputed December 2014 congress and the First Secretary of the party unlawfully breached the party constitution by failing to elect the party national chairperson who is the only one who can chair such a meeting,” Mutasa thundered.
He also pointed out that the national disciplinary committee was a subcommittee of the party’s central committee and reported to the central committee, and the politburo was the secretariat to the central committee and as such, had no powers to expel any individual.
“The politburo thus could not lawfully expel me or anyone for that matter including comrade Temba Mliswa.
“Besides, as I have insisted, the congress itself was a sham and therefore the politburo and central committee elected from the same are a sham,” Mutasa said.
He added that the events unfolding in Zanu PF were “unfortunate and illegal”.
“The fact is that the party has been hijacked by a group of persons not intent on respecting the party constitution and the national Constitution.
“I therefore remain the duly elected secretary for administration for Zanu PF and as I have advised before legal proceedings challenging the congress will be filed in due course,” Mutasa said.