March 12 2018- A GROUP of Zimbabweans have taken the issue of President Emmerson Mnagwagwa’s ascendency to power late last year through the help of the army to the Constitutional Court, arguing that his rise to power is unconstitutional as it was in fact a Coup.
President of the Revolutionary Freedom Fighters, Linda Musarira, Liberal Democrats, leader Vusumuzi Sibanda and one Bongani Nyathi have filed the papers – demanding that the Constitutional court interpret the constitutionality of the move.
“We are applying to the court’s to dissect and interpret the constitution, restore the rule of law,” says the group’s spokeperson Thulani Ndebele,
Also cited as respondents in the Court papers are the Speaker of Parliament, Jacob Mudenda and former president Robert Mugabe, as well as Mnangwagwa and Chiwenga.
‘”The unconstitutional actions of members of the Zimbabwe Defence Forces and Security Services as prohibited by Section 208 (2) (a) And (b) Of The Constitution Of Zimbabwe are of a cause for concern and it is in the interests of justice that this court entertains,” reads the papers that are in possession of ZimsInSA.com.
The papers also challenge the political affiliation of the Zimbabwe Defence Forces as prohibited by Section 211 (3) of the Constitution of Zimbabwe.
Ndebele, who is also an aspiring legislator for Shurugwi North, with the National People’s Party says the action was prompted, to test the integrity of the justice and set a precedent that no one is above the law not even the country’s president or his vice.
“The precedent set in November of taking over power through unconstitutional ways has manifested in many forms and shapes we now have Chamisa using almost the same ways or methods of disregarding party constitution,” says Ndebele in reference to the bitter succession fight between MDC T vice president Thokozani Khupe and president Nelson Chamisa, following the death of their leader Morgan Tsvangirai last month.
“ The army is there to protect us civilians not to go about with guns and tanks in the streets,” adds Ndebele.
But he is quick to add that the action is not to reverse the outcome or clamour for the return of former president Robert Mugabe.
‘”We welcome the fall of one dictator by the name of RGM but we can’t celebrate the tramping of violation of our constitution. The means can’t be the end, nothing justifies breaking the law.
The group claims in its submissions that there are many other Zimbabweans that are aggrieved by the manner which the army took over but says they are afraid to speak out .
‘’ It is common cause that there are equally thousands of Zimbabweans that took to the streets to celebrate the demise of President Mugabe’s regime due to its failures but nonetheless it does not wash away the unlawfulness of the military takeover. I believe that unlawful military action in a democratic modern state cannot be laundered to remove the stench of its unlawfulness. -Patience Rusere