JUSTICE minister Ziyambi Ziyambi has been given a final notice to stop initiating any legal processes to extend President Emmerson Mnangagwa’s term of office or face court action in his personal capacity.
Ziyambi was initially given a seven-day ultimatum by a former opposition Member of Parliament (MP) for Silobela, Anadi Sululu, on January 7 to issue a public notice distancing himself from attempts to extend Mnangagwa’s term of office through a constitutional amendment.
Ziyambi, who is also the Zanu PF legal secretary, ignored Sululu’s seven-day ultimatum.
Mnangagwa’s term of office constitutionally expires in 2028, but Ziyambi was tasked by Zanu PF as the party’s legal secretary to initiate processes to extend his tenure to 2030.
The 2030 agenda was adopted at the ruling party’s annual conference held in October.
Sululu confirmed to The Standard that Ziyambi had not yet responded to his letter of demand prompting him to give him a final notice.
He said the letter dated January 16 was emailed directly to the minister’s office on Friday and would be hand delivered on Monday.
It was copied to the permanent secretary Ministry of Justice, Legal and Parliamentary Affairs, Aattorney General Virginia Mabhiza and the Speaker of Parliament Jacob Mudenda.
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"The E Movement placed your office on notice regarding the unconstitutionality of any legislative attempt to extend Presidential term limits beyond the current 2028 mandate,” Sululu, who is the leader of the E Movement wrote.
"As of the date of this letter, the seven working day window for a written undertaking has expired.
“Your office has failed to provide the requested assurance that the ministry will respect the sanctity of the constitution.
“Silence in the face of a constitutional threat is interpreted by our movement as a tacit intention to proceed with illegal legislative drafting."
Sululu said they were not backing down on their plans to stop the 2030 agenda.
“If we do not receive a formal, written response by close of business on January 23, the E Movement has instructed its legal counsel to approach the Constitutional Court for a prohibitory interdict to bar the gazetting of any such Bill, to seek a declaratory order affirming that Section 328(7) is an unamendable “basic structure” in relation to the incumbent's benefit and to apply for personal costs de bonis propris against the minister and relevant officials for the wilful and contumacious disregard of the supreme law of Zimbabwe," Sululu wrote.
He said the E Movement would not permit the subversion of the rule of law through legislative "squeezing" of entrenched clauses.
“The constitution is not a document of convenience, it is a contract with the people,” Sululu said.
“We trust this will not be necessary and look forward to your immediate compliance.”
He cited Section 328(7) of the constitution of Zimbabwe, which states: "An amendment to a term-limit provision, the effect of which is to extend the length of time that a person may hold or occupy any public office, does not apply in relation to any person who held or occupied that office.”
Mnangagwa has previously said he was not interested in having his term of office extended saying he was a constitutionalist.
Analysts have said the 2030 agenda is an attempt to block Mnangagwa’s deputy Constantino Chiwenga from succeeding Mnangagwa.
