By Farai D Hove| The Constitutional Court (ConCourt) will be hearing an application to annul President Emmerson Mnangagwa’s presidency.
Mnangagwa and his deputy Constantino Chiwenga’s holding of office have been challenged by members of the civil society who include Vusumuzi Sibanda, Linda Masarira and Bongani Nyathi.
Sibanda said he is not seeking the reversal of Mugabe’s resignation or Mnangagwa’s inauguration. He said,
“I do not seek the reversal of what took place leading to the resignation of the fifth respondent (Mugabe) and the inauguration of the first respondent (Mnangagwa). I am seeking the restoration of the rule of law, the supremacy of the Constitution, the declaration and the condemnation of constitutional infringements and the separation of powers of the executive, the judiciary and the legislature.
“The current scenario in Zimbabwe poses a serious threat to democracy in that, he who led (second respondent, Chiwenga) on November 14 to 21, 2017 was later seen at a Zanu PF extraordinary congress in December and was later elevated to the position of Vice-President.
“Retired Chief Air Marshal Perrance Shiri and Retired Lieutenant General Sibusiso Moyo were appointed Ministers of Agriculture and Foreign Affairs respectively by first respondent. Such was the violation of the Constitution by the first, second and third respondents (Mnangagwa, Chiwenga and Zimbabwe Defence Forces (ZDF).”
The three activists say the actions by the ZDF and members of the security services and the political affiliation of members of the ZDF and security services were prohibited by section 208(2) (a) and (b) and section 211 (3) of the Constitution of Zimbabwe.
“On November 13, 2017, second respondent who was then the Commander of the ZDF held a Press conference at the army headquarters in Harare where he lamented the purging of former liberation veterans in Zanu PF.
“He threatened that the army would step in the political affairs of Zanu PF to curb the alleged purging of liberation veterans…in announcing his statement second respondent was the Commander of the ZDF and as such, his actions were contrary to section 211(3) of the Constitution of Zimbabwe,” Sibanda said.
“On November 14, 2017, vehicles in the form of tanks from the ZDF barricaded some roads leading to the President’s offices along Samora Machel Avenue/Sam Nujoma Street and Nelson Mandela Avenue roads leading to Parliament of Zimbabwe, just to mention a few, such development was inconsistent with section 213 (1)(a) and (b) of the Constitution.”