By A Correspondent
Prominent Zimbabwean lawyer Brighton Mutebuka has argued that the ZANU PF resolution to extend President Emmerson Mnangagwa’s term of office is not legally binding.
Mutebuka, who practices law in the United Kingdom, explained that if Mnangagwa had not accepted the resolution, it would indicate that there was no “meeting of the minds” or informed consent, which is a key principle in contract law.
He wrote:
“At the Bulawayo Conference, @ChinamasaPA on live TV stated that ED had refused to accept the resolution on the basis that he was a Constitutionalist.”
Mutebuka continued, saying, “If he failed to accept it, it means that there was no ‘meeting of the minds’ and thus informed consent on his part, which is a well-established doctrine in contract law.”
He further referenced the concept of “consensus ad idem,” a doctrine highlighted in the famous English case of Smith v Hughes. Mutebuka emphasized:
“This principle asserts that both parties in an agreement must fully understand and agree on what they are committing to.”
In his assessment, Mutebuka suggested that Mnangagwa, by not openly accepting the resolution, appeared to be avoiding responsibility:
“ED is practically hiding behind his proxies & pretending to be reluctant/unwilling to embrace the resolution. He is practically the most reluctant beneficiary of a brazen attempt to violate the Constitution ever – if he is to be believed, that is.”
He concluded that, “Essentially, he needed to accept the resolution at the time that it was tabled, prior to its adoption as a legally binding resolution. Doing so afterwards, even secretly, won’t suffice!”
However, Mutebuka was skeptical of the legal implications of the matter in Zimbabwean courts:
“The above carries no weight in Malaba’s courts, where decisions in politically sensitive cases are perhaps only eclipsed by those dished out by Iranian, Russian & Taliban courts!”
He ended with a sharp observation on the President’s silence:
“On paper, with the way ED is deafeningly silent on the drama surrounding the aftermath of the resolution, you would think that he has been kidnapped and is being held to a ransom!”