Legal Expert Fadzai Mahere Challenges Government Directives, Asserts Constitutional Missteps

Zimbabwean lawyer Fadzai Mahere criticized the use of government directives as substitutes for actual laws, labeling such practices unconstitutional and a violation of the rule of law. Mahere’s statement comes amid growing concerns over the adherence to constitutional protocols by government officials.

“I don’t know who needs to hear this, but a ‘Govt directive’ is not law. Rule by decree is unconstitutional,” Mahere stated, referencing Section 68 of the Zimbabwean Constitution, which mandates that all government actions be based on law, reasonableness, and fairness.

Mahere emphasized that policies only gain legal authority when enacted into law, directly challenging any notions that memos or verbal directives from ministers or governors could have legal force. “A Minister can’t write a memo to schools and believe it has the force of law. It doesn’t,” she asserted, adding that statements made by officials on media platforms do not automatically become enforceable laws.

This clarification from Mahere underscores a fundamental principle of constitutional democracies: the rule of law, which requires laws to be certain, positively stated, and uniformly applied without discrimination.

Highlighting inconsistencies in application, Mahere critiqued the selective enforcement of rules among government-operated services, such as fuel stations and passport offices, compared to other public sectors like schools. Such practices, she argued, contravene Section 56 of the Constitution, which ensures equal protection and benefit of the law for all citizens.

Concluding her powerful critique, Mahere called for a leadership overhaul, hinting at the necessity for leaders who uphold and respect the legal foundations of the nation. “This nation would become a jungle if any public official could wake up and say do this or do that and force us to comply. It doesn’t work like that,” Mahere warned, urging a return to principled governance where only enacted laws have binding power.

Her call to action resonates at a time when public trust in government efficacy and integrity is notably wavering, making her arguments not only a legal assessment but also a rallying cry for democratic renewal in Zimbabwe.