PRESS STATEMENT.
Sunday 16 May 2021
SUBJECT: GOVERNANCE OF THE NATION OF ZIMBABWE IN THE WRONG HANDS, AS THE MINISTER OF JUSTICE,PARLIAMENT,SENATE,SUPREME AND CONSTITUNAL COURT FAILS TO INTERPRET THE LAWS WHICH THEY ENACTED AND PROMULGATED!!!!
The President of Zimbabwe Centre For Equal Opportunities ZCEO, Mr Paddington Japa Japa has castigated the Biased Judicial System in Zimbabwe, Minister of Justice Legal and Parliamentary Affairs Ziyambi Ziyambi, Zanu Pf dominated Parliament and Senate of Zimbabwe for Grossly and Dangerously misleading the Nation, by failing to interpret the Laws which they themselves enacted and Promulgated. There is nothing as Dangerous and Shameful as being led by a Government and a Judiciary System with hundreds of Lawyers, A Judiciary with Judges of the Supreme and Con Court who commit Judiciary Fraud, a Parliament and a Senate full of uneducated and a few educated Legislators who are so incompetent and biased that they can’t even interpret the laws that they have enacted. The Minister of Justice Legal and Parliamentary Affairs Ziyambi Ziyambi mislead the Nation and sold the Nation a dummy and even lying to the President that he could amend some sections of the 2013 Constitution and could extent the retirement age of the Chief Justice from 70 years beyond yet it is impossible to do so according to Saturday 2021 High Court Judgement by Honourable Judge Happias Zhou and two others. Oooh what a big Shame on you 9 Con Court Judges for committing the biggest Judiciary Fraud in Zimbabwe and we have lost faith in whatever you shall do in future. You deceived the Nation where you used your Powers as Judges of the Highest Court in the Land to mislead the President, Parliament, Senate and the whole Nation that Parliamentary Business from a Previous Parliament can be carried forward to a New Parliamentary Term yet it is illegal to do so.
WHAT THE LEGAL EXPERTS SAID, I QUOTE “Constitutional Crisis no 1.”
The Minister of Justice Legal and Parliamentary Affairs admission that there was no Constitutional Bill before the Senate when it voted on 6 April 2021 purportedly to Pass Amendment No 1.That Constitutional bill had lapsed on the eve of the 2018 Elections when the legislature which was introduced in 2017, was dissolved by Operation of law as stated in Section 147 of the Constitution. The implication of this is that Amendment No 1 was passed unconstitutionally and is therefore invalid. President Mnangagwa was misled to sign amendment no 2. Yet there is no sign that He has signed Amendment No 1.Hoping that the Signature that was put by President Mugabe was enough, what a big mistake.
The root of this Constitutional Crisis around Amendment No 1 started at the Judiciary when the 9 Judges of the Con Court issued an incompetent Order in March 2020.The Original Amendment No 1 had been successfully challenged by Legal experts Innocent Gonese and Jessie Majome, who argued that the Act was invalid because Constitutional Amendment Procedures had been violated. Having upheld their argument, the Court should have issued a declaration of invalidity of the Act that was signed by President Mugabe, this would have meant it was Null and Void. However for reasons never cogently explained by the Court, it changed the Goal Posts and declared that the Bill, and not the Act was unconstitutional. This is incredulous because it was the Act, not the Bill that was being challenged by Gonese and Majome. Why then did the Court changed the Goal Posts, giving the applicants less than what they had asked for?
How could 9 Judges of the Highest Court in the Land not picked up that error, one Judge could have noticed the mistake and issued a dissenting opinion, so what it mean is that the Judges connived to ignore an error they had made and passed a biased Judgement. They all concurred in issuing a patently incompetent incorrect Order. It can only be surmised that the Court deliberately did so to create the facade that the violations that had been done, identified, and upheld could be corrected by the Senate .A decree of invalidity of the Act would have removed that mistake. But this short changed Gonese and Majome because they were challenging the validity of the Act and not the Bill. It is like now a challenge against Amendment No 2 which is no longer a challenge against the Bill, but the Act. If that challenge is upheld, it would invalidate the Act requiring the Government to start the whole process afresh.
The other problem was that the time the Court issued the Order giving an option to Parliament to correct the errors in voting the constitutional bill, upon which they were supposed to vote, had already lapsed under Section 147 of the Constitution. There was then no Constitutional Bill to vote on. The Court was then directing the Legislature to Commit a Constitutional violation. This is made worse by the fact that the Con Court is the ultimate guardian of the Constitution. Yet in this case it gave an Order actively encouraging violation of the Constitution. This is very Dangerous and Unprofessional when the Constitutional Court behaves like that, a Shield for the Constitution is turned into a weapon against it.
For its Part the Legislature should have considered the matter independently in which case it would have realized that it could not carry out the Court Order, because to do so would violate Section 147 of the Constitution. Since the Constitution is the Supreme law of the land its violation in the name of carrying out a Biased Court Order would result in a Constitutional Crisis in the Country. Parliament could have approached the Court to correct its unlawful Order but it did not, or to give further lawful directions, pointing to Section 147 as Authority for its inability to carry out the Order, because there was no Constitutional Bill before it. The only other way to correct this Constitutional Crisis was for the executive to restart the entire process under section 328 of the Constitution. Instead the Legislature voted on the non-existent and therefore invalid Bill, extending the chain of illegalities and errors.” Close Quote!!!!
Oooh what a Shame on you biased 9 Con Court Judges you are a disgrace to the Legal Profession, and you the entire Lower and Upper Houses of Legislature in Zimbabwe, you are a bunch of uneducated and few educated Legislatures as was once said by Temba Mliswa, except for the 19 wise MDCA Legislators who did not take part in that facade.
Now when the Chamisa lead MDCA Political Party says the Judiciary in Zimbabwe is Captured, many fools rebuked President Chamisa and His Party, calling him all sorts of bad names and saying he is inexperienced, now who has the last lough, were are we now, back to basics and the drawing board. This is the Biggest Judiciary Fraud that has broken Historical records. Shame on you Malaba and your Cabal of Judiciary Fraudsters!!!!
What does this mean to all Zimbabweans???? What must be done is for the Law Society of Zimbabwe to set up a Panel of experienced Lawyers in the Private Practice to review all Judgements that have been done so far by the Supreme and Court Courts under the term of office under Chief Justice Malaba, to check for major Judiciary errors and Constitutional violations. We as Zimbabweans have now lost any trust in this biased Judiciary System, that has been badly exposed by the Gonese and Majome Constitutional no 1 and No 2 Amendment Bill challenge.
Shame on you Minister Ziyambi Ziyambi, the only way for you is to do the honourable thing by resigning, Shame on you Zanu PF dominated lower and Upper houses of Parliament, you are full of Junk, including the Parliamentary Legal Committee, you are a disgrace to the Nation and the International Community. Except for the few 19 MDC-A MPS left in Parliament, who did the right thing by not participating in that Biggest Judiciary and Parliamentary Fraud Process. There is need for that Panel of Legal experts to review the Malaba led Judgement of the July 2018 General Election outcome were President Mnangagwa of Zanu Pf was declared the winner. Judge Malaba and your entire Supreme Court Judges who participated in in this fraud you have soiled your reputations for ever to the extent that no one shall ever trust to employ you, even if you leave the JSC today.
THE AUTHOR OF THIS ARTICLE PADDINGTON JAPA JAPA IS AN MDC-A NC AND NEC MEMBER, ZCEO PRESIDENT A CIVIC SOCIETY ORGANISATION, SOCCER ADMINSTRATOR, AN EVANGELIST AND TEACHER OF GOD’ S WORD, HOLDER OF BSC HONS PSYCHOLOGY DEGREE.