via Mutasa court challenge sound: Lawyers – NewsDay Zimbabwe January 14, 2015
CONSTITUTIONAL experts yesterday said the threats by fired Zanu PF secretary for administration Didymus Mutasa to seek the nullification of the party’s congress resolutions were quite sound at law, but expressed fear that the court’s decision over the matter would be made on political grounds.
Mutasa on Monday issued an implicit statement indicating that disgruntled Zanu PF members were preparing to mount a court challenge on the legality of the holding of the party’s congress and endorsement of constitutional amendments that scrapped the election of national office bearers.
United Kingdom-based law lecturer Alex Magaisa said the challenge being touted by aggrieved Zanu PF members are sound at law.
“It is plain that the procedure was not followed and that this is a contravention of Zanu PF’s own constitution. If they mount a legal challenge, I think they would have strong grounds,” Magaisa said.
“There is a procedure to be followed when amending the constitution. That procedure exists for a good reason. It is so that the constitution is not amended at the mere whim of individuals or a faction.”
Mutasa alleges that Zanu PF did not follow article 30 of the party’s constitution as read with section 253 which stipulate the process and procedures of making amendments to the charter.
Lawyer Andrew Makoni said: “If procedures were not followed as Mutasa alleges, then like-minded members of the party based on the said violations can approach the courts for redress and most likely the courts are prepared to listen to that and make a determination on the issues or remedy sought.”
However, another lawyer, Dewa Mavhinga, expressed fear that political considerations were likely to override legal merits of the case when it is taken to
court.
“Whether or not their legal argument is sound is quite irrelevant in this politically-charged case which will most likely be decided not on legal merit, but on political considerations,” Mavhinga said.
He added: “It is difficult to imagine that the judiciary, as currently constituted, would rule in their favour and nullify the Zanu PF congress decisions.”
COMMENTS
This is a very ineresting development in the politics of ZANU (PF).If this case was in a civilised society where democratic procedures are followed to the letter, Mutasa and his colleagues would win this case hands down. However, given what has happened to the Judicial system over the years which includes bribing theJUDGES with illegally acquired farms, I do not believe that the courts in Zimbabwe will do justice to this case but it is worthy trying as it will serve to show the whole world how incompetent and corrupt is the Judicial system in Zimbabwe, but does Mugabe and his thugs care?. I hope that Cde Mutasa was not involved in parcelling ‘illegally acquired’ farms to the Judges otherwise it will be a case of tasting one’s own medicine but I say ‘Good luck’.
By the way, what became of Madhuku’s court application against unconstitutional dismissal of Joyce Mujuru? Zimbabwe has no professional ethical judiciary system. It has Zanu puff kangaroo courts and judges who are beneficiaries of Zanu maladministration.
So, Mutasa and team case in Zimbabwe courts is just a loud fart in the wind.
They should know better and team up with opposition parties come up with a sound strategy to remove Mugabe from power now and not try using civilised processes to deal with rogues. Just a look at African politics, dictators in this continent are removed by those who once served under them. Think about it
What really is the icing on the cake is how quick one high profile case is washed under the carpet when another comes up. This blinding of the people has been going on since 1980. One can only imagine how the smaller ones are being handled. Makes one sick how Zimbabwe has been manipulated by mafia.