CHIEF Justice Godfrey Chidyausiku was a few months ago forced by the Ministry of Justice – overseen by Vice-President Emmerson Mnangagwa – to go on early retirement ahead of his departure next month in a bid to manouevre Judge President George Chiweshe to replace him before President Robert Mugabe intervened to bring him back to preside over the process of selecting his successor.

This revelation brings a new dimension to the twists and turns characterising the race to select a new chief justice (CJ), amid a fierce Zanu-PF factional battle to influence and determine the outcome of the process.

Mnangagwa’s faction wants Chiweshe to succeed Chidyausiku, while the G40 faction is backing Judicial Service Commission (JSC) secretary Rita Makarau.

Information obtained by the Zimbabwe Independent shows that Chidyausiku, who turns 70 on March 1, was last August pressured by the Justice ministry to retire without President Robert Mugabe’s knowledge after being told the “executive” had decided he should go early before his official retirement next month.

Chidyausiku, whose pending retirement is on February 28, was written a letter telling him to go and an impression was created that Mugabe had consented to his early retirement. He was then paid money in lieu of his remaining months and also got his pension before being stampeded out of office to allow Chiweshe to become acting CJ ahead of Deputy CJ Luke Malaba.

Sources said the move was calculated at allowing Chiweshe to position himself to become CJ and also to allow him to take charge of the CJ succession process.
A Justice ministry source said in a letter: “The VP thanked him around September for the good work he had done to the system and advised him that he would be paid US$171 000 in cash in lieu of his remaining months.”

Regarding the interview process for selecting a new CJ, it is understood the Chief Secretary to the President and Cabinet, Misheck Sibanda, wrote to Chidyausiku advising him that the executive had issued a directive opposing the process.

“In his response, the CJ made it clear that stopping the process, which was driven by the JSC was ultra vires the constitution. In the same response, he said he wanted to seek audience with the president to advise him on the potential constitutional violations if the JSC process was aborted. This position was not communicated to the president.”

Chiweshe’s appointment was fast-tracked despite Section 181(1) of the constitution which states that “if the office of Chief Justice is vacant or if the office holder is unable to perform the functions of the office, the Deputy Chief Justice acts in his or her place, but if both offices are unable to perform their functions, the next most senior judge of the Constitutional Court acts as Chief Justice”.

Chidyausiku, who is seen by some in Zanu-PF and government as a stumbling block to Mnangagwa’s succession ambitions, left under intense pressure and slipped away for about two months until he met Mugabe, by chance, at the former Midlands governor Cephas Msipa’s funeral in Gweru last October.

“Chidyausiku, during a chat with the president, said that he was no longer at work and was made to retire early, a directive he was made to understand was made by the executive. Mugabe was shocked as he said he had no knowledge that he had retired and told Chidyausiku to return to work,” said the source.

“This is when the CJ went back to the JSC and took over the interviews. Adverts announcing that the JSC would soon be conducting interviews for the soon-to-be-vacant post were placed in the media. – The Independent