Sydney Barson| Matebeleland North residents from all walks of life have said no to the Constitution of Zimbabwe Amendment Bill (1), of 2016 during a public hearing in Lupane Wednesday officiated by the Parliamentary Portfolio Committee on Justice.
This is after the Vice-President Emmerson Mnangagwa’s sponsored Bill yesterday suffered more rejection in Gwanda, with people questioning why he is bringing amendments to the new charter a year before the 2018 general elections.
In the Lupane process chaired by Mazowe South Legislator Advocate Fortune Chasi overall concerns from the public were that the constitution was still very new to lightly amend and expressed their confidence in it.
“We are afraid of having one individual with so much power to appoint those top three posts by himself might cause political interference between the legislature and the judiciary. Therefore compromising the independence of the judiciary.” said Vumani Ndlovu.
The purpose of this proposed amendment to the Constitution is to extend the powers of the President in the selection of the Chief Justice (who is head of the judiciary and in charge of the Constitutional Court and the Supreme Court), the Deputy Chief Justice, and the Judge President of the High Court.
According to the Constitution that was adopted in 2013, these three posts are supposed to be advertised, after which candidates are interviewed in public by the Judicial Service Commission, and then three names are sent to the President from which he chooses one.
The proposed amendment will do away with open stages in the process of selection and leave the selection of persons for the three top judicial posts to the President.
The President will have to put the names of persons he chooses to the Judicial Service Commission for comment, but he is not obliged to take their advice. He will not have to consult Cabinet.
“Separation of powers: The independence of the judiciary from the legislature and the executive branch of government, which is fundamental to maintaining a balance of powers in government, will be compromised if the three top positions in the system of the courts are personally selected by the individual who heads the executive branch.
“Transparency: The proposed closed system of selection which cuts out participation by the public makes it more possible for the judiciary to be used to increase ruling party influence.
“Presidential powers: Successive constitutional changes since 1980 have concentrated more and more power in the hands of the President and this is an erosion of our democratic institutions.
“The Constitution, as the supreme law of the land, should not be amended lightly, especially on a matter so fundamental to the independence of the judiciary, one of the constitutional pillars on which the rule of law rests.”
says Veritas a concerned organization.
However reasons by the proponents of the amendment are that the Judicial Service Commission is made up of people who are subordinate to the three posts being appointed and therefore, even though they are seasoned professionals, they should not be allowed to evaluate those who will be posted as their seniors.
Therefore, the proponents say there is need to go back to the Lancaster House Constitution when the President was not restricted in his choice of the Chief Justice.
Growing tribal tensions fueled by Zanu-pf succession battles will lead to the disintegration of Zimbabwe
by Israel Dube, MLO Secretary for Information and Public Affairs
Tribal sparks have been flying ever since other Shona tribes especially the Karanga have awaken to the glaring fact that Zimbabwe is a state captured by the Zezuru and Korekore. This discovery has caused tribal splits, fractures or factions within Zanu- pf and the security cluster i.e war veterans, police, army and intelligence.
Courageous and confused Norton MP, Temba Mliswa, Zanu-pf youth member, Energy Mutodi and a section of war veterans led by Christopher Mutsvangwa have openly called for Mugabe’s resignation. As for his successor, they are clear that it has to be a Karanga, and non other than VP Mnangagwa the front man for Lacoste faction.
In his own words, sacked Zanu-pf former Mashonaland West Provincial Chairman, Temba Mliswa said, “we cannot have a situation where power is monopolised by one tribe, they are not even educated like Karangas….they came to kill us. We can also play the game, who cannot play the game?…somebody has just to start the fire by throwing a match stick into the bush.”
A section of war veterans that also supports VP Mnangagwa’s presidency threatened blood on the floor should anyone other than Mnangagwa take over from Mugabe. Evidence that other Shona clans are now sick and tired of Zezurunisation of Zimbabwe.
For a despot with dirty history of genocide committed in Matebeleland and stinking human rights record, it would be suicidal to gamble with political power. He would opt for security over tribal balancing and merit.
In Matabeleland, uncompromising exiled President of Matabeleland Liberation Organisation (MLO), Cde Paul Siwela, has already called for the assembling of 30 000 strong army to defend Matabeleland.
On 13 February 2017, Cde Paul Siwela shocked Zimbabwe when he announced on his face book account that MLO had successfully served the government of Britain and Zimbabwe with Notices of Demand for the Restoration of the Statehood of Matabeleland. On the same note he also rolled out a complete vision of how the future independent and sovereign Republic of Matabeleland would look like under the MLO government.
MLO Supreme Council would like to thank and congratulate President Cde Paul Siwela for successfully serving the British and Zimbabwe governments with Notices of Demand for the Restoration of the Statehood of Matabeleland.
The Notice has been served at the opportune time when the oppressors are totally consumed in the tribal succession battles on which clan must provide a candidate to replace their King, Mugabe. These are by no means small statements to be simply taken for granted, it’s a reflection of bottled anger which is now popping out due to Zimbabwe deep rooted tribal politics dominated by Zezuru and Korekore since Zimbabwe’s independence in 1980.
As Disgruntled Shona tribes are already wrestling power from Zezurus and Matabeleland intensifying restoration campaign, dying in office or nominating a successor for Mugabe would open Pandora’s box.
Mugabe’s departure from the Zimbabwe political scene will be marked with bloodshed. This gives credence to Cde Paul Siwela’s words that Mashonaland is reverting back to its original form where there was no central authority to govern the diverse Shona people and that Zimbabwe is headed towards a split in the middle that will give birth to The Republic of Matabeleland. Can the people of Matabeleland see this window of opportunity? Let us take advantage.
Unlike Mobutu Sese Seko who used to boast that he would not be known as former president but only as late president, Mugabe uses apologists to say it on his behalf. First Lady Grace Mugabe is on record saying that she will use a wheelbarrow to push Mugabe to state house and that he will rule from the grave.
Do his foes have the stamina to push him out of power like Laurent Kabila did to boastful Mobuto Sese Seko? Would he be able to appoint a successor or his creator will call him up while he is still in office? Should any of the above happen Zimbabwe would not survive the embarrassing split. Matabeleland will break out of Zimbabwe and be an independent state while Mashonaland would be further divided into chaotic tribal clans that do not see eye to eye.
Izenzo kungemazwi!
Source – Israel Dube, MLO Secretary for Information and Public Affairs
The Commission is superior to the individuals holding the three posts. It’s a Commission, a body so it cannot be subordinated by a mare individual. Leave the constitution as is and focus on rebuilding the ruins you have created. Not these side shows!!
THIS IS THE MAN WHO WANTS TO BE PRESIDENT! !!!!!