Violence: Zanu PF in pole position

THE ruling Zanu PF party has emerged as the leading perpetrator of human rights violations following intra-party violence during its internal elections that left some of its members hospitalised, a latest report released by the Zimbabwe Peace Project (ZPP) yesterday has shown. According to the ZPP report titled It’s Politricks All Over, the ruling party accounted for 37% of the human rights violations that occurred in the month of September and claimed the life of one person. In the report, 195 human rights violations which include assault, displacement, sexual harassment and…

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ED should ratify democracy laws

THE continued delay by President Emmerson Mnangagwa‘s government to ratify the African Charter on Democracy, Elections and Governance (ACDEG) despite signing it three years ago is as  concerning as it is mindboggling. Zimbabwe signed ACDEG on March 21, 2018, but has not yet ratified it, according to the African Union (AU) status list for the charter which is on its website. In March 2019, Parliament passed a resolution approving the charter after Mnangagwa signed it at his first AU Summit of Heads of State and Government in Kigali, Rwanda. The…

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ConCourt Rules On Recusal Of Judges From Malaba Case

The Constitutional Court has dismissed a bid by lawyer Musa Kika to have judges removed from the case of Chief Justice Luke Malaba. Kika had filed an application seeking the recusal of judges set to preside over a case where a Zanu PF activist, Marx Mupungu wants the Constitutional Court to overturn a High Court ruling that nullified the extension of Malaba’s term of office. Kika had argued that the18 judges from the ConCourt and Supreme Court should recuse themselves from hearing Mupungu’s application. Deputy Chief Justice Elizabeth Gwaunza presided…

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Top Lawyers Mtetwa, Matinenga In Bid To Oust Malaba

Top lawyers, Beatrice Mtetwa and Eric Matinenga have approached the Constitutional court in a fresh bid to have former Chief Justice Luke Malaba thrown out of the office. They argue that the Constitutional amendments, the basis upon which Malaba’s term was extended, are unconstitutional and, therefore, are null and void. The lawyers, in concert with another key human rights attorney Valerie Ingham-Thorpe and legal think-tank Veritas, have filed a Constitutional Court application suing Malaba and President Emmerson Mnangagwa, arguing that “both Constitutional Amendment Act No. 1 of 2017… and Constitutional…

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Malaba crisis: Court throws out Young Lawyers Association of Zimbabwe’s application

The High Court has refused to hear an urgent application by the Young Lawyers Association of Zimbabwe (YLAZ) and war veteran Frederick Mutanda seeking an order that Chief Justice Luke Malaba remains disqualified as Chief Justice of Zimbabwe despite the noting of an appeal to the Supreme Court. Justice Amy Tsanga removed from the matter from urgent roll the issues being raised were argued in the CJ contempt of court case last week. “The matter is not urgent and is removed from the urgent roll for the reasons that the…

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Chamisa’s desperate MP sues Mwonzora over constitutional amendments

MDC ALLIANCE Chitungwiza North legislator Godfrey Sithole has dragged MDC-T leader Douglas Mwonzora together with 67 other senators to the Constitutional Court seeking the rescission of the Constitution Amendment (No 1) Act whose passage they voted for in Senate. Constitution of Zimbabwe (No 1) Act amended the Constitution to allow the President to appoint judges without public input. Sithole is arguing that the senators failed to exercise their legislative role as provided for in the Constitution by passing a law that lapsed in July 2018, according to the papers he…

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Mnangagwa, Ziyambi Perjury On Supreme Court Judges Appointment

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…

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CJ Malaba debacle: ED shunts judge

PRESIDENT Emmerson Mnangagwa is today expected to swear in six judges of the Supreme Court from the High Court bench who will be expected to preside over the government’s appeal against a ruling by the lower court nullifying the extension of Chief Justice Luke Malaba’s term of office. The judges to be sworn in include Judge President George Chiweshe and Justices Alphas Chitakunye, Samuel Kudya, Felistas Chatukuta, Joseph Musakwa and Hlekani Mwayera. The move is seen as a ploy by Mnangagwa to use the carrot and stick strategy on judges…

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Possible Reasons Why Mnangagwa Blocked Zhou From Becoming ConCourt Judge

President Emmerson Mnangagwa recently appointed Constitutional Court (ConCourt) judges leaving out Justice Happias Zhou leaving many asking for reasons behind the move. Zhou was snubbed despite coming third out of 12 shortlisted candidates in last year’s interviews. Below are some of the probable reasons why Mnangagwa snubbed Zhou. Zhou has had close links with the original opposition MDC then under its founding leader, the late Morgan Tsvangirai. He was appointed judge in 2012 by the late former president Robert Mugabe in consultation with Tsvangirai as Prime minister during the Government…

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No Constitutional Crisis, Says Govt

The government has denied that there is a constitutional crisis after the High Court nullified President Emmerson Mnangagwa’s extension of former Chief Justice Luke Malaba’s tenure by another five years. High Court judges Justices Happias Zhou, Edith Mushore and Jester Charewa on Saturday granted an urgent application stopping Malaba from benefiting from the changes to the Constitution. Speaking after the swearing-in of five judges of the Constitutional Court on Thursday, Justice, Legal and Parliamentary Affairs Secretary Virginia Mabiza asserted that there was no constitutional crisis. Said Mabiza: What we see…

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