VICE-President Emmerson Mnangagwa has been accused of trying to advance his Zanu PF factional interests after the Justice ministry’s shock revelations that plans are afoot to amend the new Constitution and change the way the next chief justice will be selected.
BY BLESSED MHLANGA
Virginia Mabhiza, the Justice, Legal and Parliamentary Affairs permanent secretary tendered an affidavit detailing the proposed amendments in a shock move during a High Court hearing on Friday.
A University of Zimbabwe law student Romeo Zibani is challenging the role of the Judicial Service Commission (JSC) in the selection of the next chief justice as the incumbent Godfrey Chidyausiku’s retirement draws close.
Mnangagwa’s ministry has now indicated that it wants Mugabe to be given unfettered powers to appoint the chief justice, deputy chief justice and judge president, but the VP’s critics say Zanu PF’s succession politics is at play.
However, what has shocked observers is the government’s willingness to tinker with a popularly-endorsed constitution so soon after its adoption.
Former Finance minister Tendai Biti led the charge against Mnangagwa’s manoeuvres, describing them as an attempt to capture the state.
“The whole motive is continued state capture,” he tweeted. “Vice-President Emmerson Mnangagwa knows his preferred candidate is not fit enough or competent enough to be appointed chief justice and wants him appointed using unconstitutional means.”
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Biti, a constitutional law expert, said Mabhiza’s affidavit should not be entertained because the constitution was clear on the selection of the chief justice.
“The constitution is very clear on the selection and appointment process of judges,” he charged. “Until the law has been changed, a concession can’t be made on the basis of future law.”
MDC-T spokesperson Obert Gutu said Mugabe’s succession was now threatening constitutionalism in Zimbabwe.
“This is a well-choreographed attempt to reverse the gains of the constitution and usurp the powers of the JSC by Zanu PF, which is now taking its succession wars to the constitution. this is very retrogressive,” he said.
United Kingdom-based constitutional law expert Alex Magaisa echoed the same sentiments, saying the legal intervention could be an attempt to keep Chidyausiku out of the selection of his successor.
“It’s shocking that the Constitution is becoming a casualty of succession wars,” he tweeted.
“Changing the constitution to suit a parochial agenda. He’s the choice of a group which seems to fear that he will be overlooked by the Chidyausiku-led JSC.”
According to impeccable Zanu PF sources, Mabhiza’s affidavit was a desperate attempt to stop the interviews for Cdidyausiku’s successor because they fear their preferred candidate would stand the rigorous process.
“Section 180 of the constitution which was adopted only three years ago provides for a public and transparent process for the nomination of judges by the Judicial Services Commission for appointment by the president,” the source said. “The process which has already been used by the JSC has won public confidence following widespread complaints against the previous system through which judicial appointments were handpicked by the president on the advice of the minister of Justice.”
The source said it was curious that Mnangagwa’s ministry had tendered the affidavit supporting the law student, which was based on a “memorandum to Cabinet and a draft bill that had not been considered or reviewed by anyone else outside the Justice ministry.”
Mnangagwa, who is cited as the third respondent in the case filed by Zibani claimed Cabinet was already seized with a Constitutional Amendment Bill to bring back the opaque system of having judges picked by Mugabe. Several ministers who spoke to The Standard said no such deliberations had taken place.
The VP’s faction allegedly prefers High Court judge president Justice George Chiweshe to take over as chief justice but they fear Chidyausiku prefers JSC secretary Rita Makarau.
Other contenders for the influential post include Chidyausiku’s deputy Luke Malaba and Paddington Garwe who is serving on the Constitutional Court desk. Other sources said Mnangagwa’s faction could was facing an uphill struggle in trying to delay the selection of Chidyausiku’s successor.
“It is impossible to suspend Section 180 of the constitution and to put on hold the selection of a new chief justice pending a constitional amendment,” the source said. “That would put Zimbabwe in the throes of a banana republic.”
Higher Education minister, Jonathan Moyo, a critic of Mnangagwa’s political ambitions also criticised the move on Twitter yesterday.
“How can a perm secretary in Justice Ministry file an affidavit in Court on behalf of Justice minister arguing a memo is above Constitution,” he questioned?
“Worrying. The rule of law is based on supremacy of the Constitution & not promissory notes. Justice ministry must respect the Constitution.”
Moyo has in the past accused Mnangagwa of abusing state institutions in the alleged plot to grab power from Mugabe.
