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By Mari Matutu |  Morning fellow citizens.

I was approached by one citizen who was worried that Senate voted for the amendment number 1 bill.

Which is a bill from previous Parliament. This bill allows president to appoint Judges without public interviews.

I wonder why the citizen should worry and not rejoice to say Zimbabwe yazouya. This is not the time to mourn but rejoice. There is no other ripe time other than this to correct our destiny.

Give this article to the big brains that include Tendai Biti the lawyer who fought this in court and say this to them.

A) Bill number one was returned to parliament for correction by the Constitutional Court which means it is still a case before Constitutional Court with known interested parties. This means only the Constitutional Court is the one that can hear this matter if the directions given by court were done and implemented in line with constitution. 

Whether Parliament is right or wrong in its
action the interested parties in the case have direct access to CC to be heard. 

B) In terms of section 147 of constitution, the bill number one did lapse by end of 8th Parliament. 

There is no bill number one. Nothing called bill number 1 

C) Just with these two items whether parliament is right or wrong its a thing to be determined by
CC. Section 131(7)(b) state that The speaker must inform the public through a notice of the date he is sending the bill to president for signing. In terms of s 167(3) of constitution the CC is only one that can say decision of parliament is constitutional or not, no one else.
D) All the above is where the good news is. As alluded to in my constitutional disorder declaration,
there is total collapse and irreparable constitutional order.
Without a constitutionally constituted Constitutional Court this matter cannot be resolved. The
parliament cannot declare itself to be right and that bill cannot be legitimate if it is challenged.
Like I said in the declaration of total collapse of constitutional order that;
i) Seven years prescribed by s18(2) of 6th schedule lapsed in 2020. All the 7 Judges of
Supreme court have no more authority to be in CC in terms of s183 of constitution.
ii) The bill number 1 was declared unconstitutional by CC in 2020 and that judgement is
standing yet that is the one that was relied on to appoint current seating Deputy Chief
Justice. As it stand she is illegitimate. Even if the bill is found to be correct, she will have
to take a new oath of office based on the new law that would come because her
appointment was automatically cancelled by CC judgement. If the bill is to be signed
into law it takes effect from date of signing so her oath is illegitimate. Either way, she
cannot be Judge to seat and hear a matter that seek to determine the constitutionality of her own appointment.

In terms of s186(1)(a) the Current seating Chief Justice must retire on 15 May. Whatever decision that the president and parliament make, even appointments of Judges of CC drawn from those that were interviewed for appointment as CCJudges last year, it is subject to s167(3) provision which makes constitutional Court the only body with final decision. Where there is no existing CC it cannot be possible.

Appointed judges cannot
sit to hear the constitutionality of their own appointments.

iv) Why I say 15 May marks the total collapse of Judiciary is as follows:
a) In terms of s166 Constitutional court consist of Chief Justice , deputy Chief Justice and 5 other Judges. By 15 May all these will not be there. No ways interviews and
appointments of CJ and DCJ can be made and as alluded, even if president appoints someone today, his or her appoint is subject to constitutional challenge in terms s167(3) and 175(1).

This means it is irreparable
b) The Supreme Court defined in s168. It consists of Chief Justice , deputy Chief justice and minimum of other 2 judges. While we may have Judges of Supreme Court but for reasons mentioned above, without a Chief Justice and Deputy Chief Justice there
is no Supreme Court. A judge of SC is not Court. A group of Judges seating at a bar is not  a court.

c) In terms of s170 the High Court comprises of Chief Justice, Deputy Chief Justice and Judge President of High Court and some other judges as may be appointed. While we may have Judge President and other Judges of High Court in office, in terms of
s170 there is no HC by 15 May because there is no Chief Justice nor Deputy chief Justice.

d) In terms of section s181(1) only a constitutional Court Judge can act as Chief Justice.

Without a constitutionally appointed Constitutional Court Judge in office presently, there is no way on 15 May the whole judiciary can be legitimate. Take it any how.

E) This is where I call for big brain to take advantage. Disengage from any disputes with executive
or legislature where ever it violates constitution. Take it as evidence to bolster a total collapse of
all arms of state. The decision of Senate has become one of evidence which has no internal
remedy because of Judiciary collapse. The ZEC statement on stopping election must not be
taken as threat but evidence of no independence.
F) The conviction of Makomborero must not be seen as threat but concrete evidence to show UN
of total collapse of constitutional order
G) The refusal to give bail by magistrate courts which is a constitutional right must not be taken as
threat but evidence to prove that citizens have no more internal remedy of human right after HC
has become illegitimate.

H) These are documented evidence. All Prisoner that shall approach court after 15 May have no
recourse of Higher Courts after 15. They all fall under political prisoners and detainees.
I) S162 state it clear that the Judiciary authority is derived from people of Zimbabwe and is vested
in courts as listed in the section. While we have judges appointed in courts, they are not the courts.

J) While Malaba is the current seating Chief Justice he is not the court in constitutional court. Him alone as the legitimate CC judge he has been alone for 12 months now. Some people thought the Courts are captured but you may also note by now that the CC collapsed at the end of 7 years from date of signing of Constitution.

K) What then remains is people of Zimbabwe. The ones who give all authority. We now go back to section 35. The duties of citizen of Zimbabwe are spelt in s35(4) and are shared equally. No one by any virtue has power or authority to give to the courts but us collectively as citizens of
Zimbabwe.

L) What else do you want. Start mobilising for the coming of UN elections and referendums. Blow the trumpets of joy because the walls of Jericho have fallen. – By Mari Matutu