Bid to stop Zanu PF congress

HARARE - Some war veterans and youths sympathetic to embattled Vice President Joice Mujuru are apparently considering dragging President Robert Mugabe and Zanu PF to court in a bid to stop the party’s forthcoming congress.

The mooted legal action is anchored on a litany of “unprocedural” amendments to the party’s constitution, the Daily News has been told.

A source within the aggrieved group said they felt “morally bound” to try and stop the congress as the processes leading to what had been billed an “elective” meeting was “unprocedural”.

However, insiders said it was unlikely that such a move could succeed.

But it has been established that according to the Zanu PF constitution, the party’s central committee, its highest decision-making body, is the one responsible for changing the constitution, not the politburo which has fronted the changes.

Prominent legal mind, Alex Magaisa confirmed to the Daily News yesterday that there were strong grounds for aggrieved parties to challenge the party’s constitutional amendments on the basis of the unprocedural process followed.

He also pointed out that there were gross anomalies in the way the votes of no confidence on at least nine party provincial chairpersons had been conducted, saying their axing needed the endorsement of the central committee, not the politburo.

Already dubbed a “damp squib congress” by many analysts because of the controversial amendments at the 11th hour in a bid to thwart Mujuru’s political ambitions, concerned cadres say they are considering making an urgent High Court application to stop it, to “save Zanu PF’s liberation values”.

This comes as some party members have voiced concern with Mugabe’s alleged “one-man rule” which has reportedly seen him impose on Zanu PF the controversial amendments.

This is also taking place as powerful allies of the beleaguered VP have either been sacked from the party or suspended, while some have controversially lost their bid to return to the party’s influential central committee, amid complaints of intimidation and manipulation of processes.

“Zanu PF has a constitution and it must be followed,” another source in the aggrieved camp said.

“We are going to take the case to the country’s constitutional court and stop this farce of a congress.”

Although it is not yet clear whether the widowed VP, who fondly calls Mugabe “father”, will sanction the court route, legal experts say any aggrieved member of Zanu PF can drag the ruling party to court.

“In terms of Section 253, the power to amend the constitution is vested in the central committee and not in the politburo,” the Kent University law lecturer said.

“Therefore, to the extent that the amendments have been done by the politburo, the Mujuru camp could argue that they are ultra vires, that is, that they are beyond the powers of the politburo and therefore unlawful.

“Secondly, Section 253 provides that while constitutional amendments are done by the central committee, such amendments are subject to ratification by congress.

“In this regards, 253(4) provides that all proposed amendments must be forwarded to the secretary for administration at least three months before the date of the meeting of the central committee at which the amendment is to be considered.

“Subsection (5) further provides that the proposed amendments must be circulated to the provinces at least two months before the date of meeting,” Magaisa added.

He said it was clear that the amendments Mugabe forced on the politburo at the instigation of his wife Grace did not follow constitutional procedure.

He said the timelines had not been satisfied, adding that unless there was an overriding provision elsewhere which gave them the power to act as they have done, it meant that the current amendments were unprocedural.

He added that Zimbabweans should understand that Section 68 of the Constitution of Zimbabwe protects the right to fair administrative conduct.

Section 68 states that, “Every person has a right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair.”

It goes further to state in subsection (2) that, “Any person whose right, freedom, interest or legitimate expectation has been adversely affected by administrative conduct has the right to be given promptly and in writing the reasons for the conduct.”

The constitutional law expert said persons who believed that their rights or legitimate expectations had been violated were entitled to seek constitutional protection in terms of the supreme law of the land.

Comments (14)

Its another route Cdes to dislodge this stambling bloc in our party but we are also aware that our judicial system is not apolitical.However,we shall not bow to nonsensical acts of dictatorship this old man and his zvipfukuto team have to go for the good of the nation and our glorious revolutionary party.We can no longer be laughing stock regionally and internationally because of hare-brained individuals.

carson Macate - 28 November 2014

Unfortunately there is no rule of law in Zimbabwe. This is why we in the diaspora are where we are!!! So for one to expect this bunch of ZANU guys to lawfully do anything let alone follow procedures is wishing Mugabe tenders his resignation for totally failing to run a small nation of Zimbabwe and failing to uphold the constitution of which he is a custodian....the circus continues. The Judiciary in Zimbabwe leaves a lot to be desired anyway so any chance of success in challenging Mugabe and his gay gangsters is bound to fail....dismally. Sorry but that is the truth. SADC, AU AND THE WORLD WILL CONTINUE TO WATCH...FROM A DISTANCE with the British going blablabla as usual

Garikayi - 28 November 2014

Shuviro dzenyu dzakaoma uye ihombe, manje CONGRESS tinoenda while BOGUS war verterans are watching. GOMWE toenda naye vana Midzi/roots kumusha

TSVANGSON-MUJURU-MAKONI - 28 November 2014

Guyz i have been following the Judicial system in our country , it is one of the best in the world. These guyz interpret the law zvairi and they add no salt to it . You can blackmail them but they do a perfect job. A lot of people have been abused by politicians and law enforcement agents in Zimbabwe but this is very different when the case is brought to court. Justice always rules . This is different form what happens in America where a white policeman can kill a black person at his will the case goes to court but then you still get a racial judgement . A court interdiction has got high chances of blocking the ZANU PF congress if one follows proper procedures to file a court case to the constitutional court. All decisions done towards congress in ZANU PF have been done hastily without taking into consideration what the law says either in ZANU PF party or constitution of the land. Mwarire won a case against MDC and ZANU PF in 2013 so that elections can be done forthwith. Try it you will see that it works.

Murombomunhu - 28 November 2014

To Joyce Mujuru please stop saying baba to Mugabe kana baba vapinda muringi vachikuchallenja unorova .Rise and fight what are you still waiting for ? Its dog eat dog surely you can not be abused by a moving grave Mugabe like that .Moreover you are zimbabwean while him is an alien whose father was a migrant from Nyasaland now called Malawi .

Diibulaanyika - 28 November 2014

Congress??? my foot.

selele - 28 November 2014

Mugabe is the ultimate law. High court is an extension or cell of zanu pf. Mugabe is your Boss take him head on . You created this monster.

X-MAN IV - 28 November 2014

Pres RGM is not pushing anything but its those Dongo refered to as wives to Mugabe who are working very hard to expose their desparation. Pres RGM is now troubled because no one in ZANU PF has been able to outwit him for the past 40years and the sure fact of them all licking him disappoints him. Pres RGM wishes Morgan was in ZANU PF. He is the only one who has demonstrated enough courage hence the invitation to the GNU. Its sad this country has failed to produce genuine pple centred leadership and not personality centred. The courts is sheer wasteage of resources who is the minister of justice and whats his role in the current mayhem, so forget about the courts the only language that can be understood is take on the system b4 congress and force stopage buy bringing in the previous hijacked members, there are enough tents so you hold a parrarel congress.

Ngonidzashe Mudede - 28 November 2014

Dictators are made, not born. We created the dictator by heroworshipping him. We made our bed. We must sleep in it

Abri - 28 November 2014

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chiremb - 29 November 2014

I think you now know that the same person whom you fought so hard together with your late husband to elevate into the ZANU PF party is the same man grooming his family to destroy you. From now on you should know that you are dealing with your enemy. Zviya zvekuti baba siyanayi nazvo. This is another Political Struggle. Make sure you open your eyes and deal with this struggle as a fighter.muka jaidza makudo neano kamhina mangwana ano pazhira pose pose. All the suspended members should rise up and deal with this menace before it gets out of hand. Modzingwa

Karigamombe - 29 November 2014

I think you now know that the same person whom you fought so hard together with your late husband to elevate into the ZANU PF party is the same man grooming his family to destroy you. From now on you should know that you are dealing with your enemy. Zviya zvekuti baba siyanayi nazvo. This is another Political Struggle. Make sure you open your eyes and deal with this struggle as a fighter.muka jaidza makudo neano kamhina mangwana ano pazhira pose pose. All the suspended members should rise up and deal with this menace before it gets out of hand. Modzingwa mu Party nawana mafikezolo wasina chevano ziwa. When you were waging the Armed Struggle they were in hiding today they are now in the fore front doing witch hunting because all is now well. Shame on you Bob and Grace what you are doing is a disgrace to all Zimbabweans. Be ashamed of what you are doing tomorrow it will be your turn.

Karigamombe - 29 November 2014

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