President Emmerson Mnangagwa and Justice Minister Ziyambi Ziyambi are being accused of perjury (lying under oath) on the appointment of Supreme Court judges.
The duo denied plans to appoint Supreme Court judges in an affidavit that was in response to an application by Chamunorwa Chingwe who is seeking to bar the appointment of the judges without following section 186 of the Constitution.
In the affidavit, Attorney-General Prince Machaya, acting on behalf of Mnangagwa and Ziyambi dismissed reports that the president was intending to appoint Supreme Court judges without conducting any public hearings. Machaya said:
10.1 The Applicant alleges that he became aware of the alleged impending appointment of Supreme Court Judges without the conducting of public interviews on 26 May 2021.
10.2 That bold allegation is not supported by any fact which he has pleaded, he does not say how he became aware of the impending appointments and there is nothing stated about what facts he became aware of. There is no statement as to who advised him of the process and whether such advice was formally or officially communicated.
10.3 It is not every rumour or suspicion that should be used to found the institution of an urgent application. That procedure is reserved for genuine urgent matters founded upon real facts. Acting otherwise, as the Applicant does in this matter, amounts to abuse of the process of the court.
Six Supreme Court Judges are expected to be sworn in today (Thursday), by Chief Justice Luke Malaba. The new judges are highly expected to hear the appeal by Malaba over the extension of his term of office.
NGO Forum filed an urgent chamber application on behalf of its client Chamunorwa Chingwe.