MDC wants to impeach Mugabe

HARARE - Opposition leader Morgan Tsvangirai’s Movement for Democratic Change (MDC) says it is moving to impeach President Robert Mugabe accusing the veteran leader of  “unconstitutionally” firing former Vice President Joice Mujuru from her post.

Mugabe summarily sacked Mujuru and eight ministers in an unprecedented Cabinet shake-up earlier this week, after they were accused of plotting to oust and assassinate Zimbabwe’s long-ruling leader.

But seemingly taking advantage of the ugly and increasingly violent infighting that is wracking Mugabe’s ruling Zanu PF party, the MDC is accusing the nonagenarian not only of citing a non-existent statute when he dismissed

Mujuru, but also displaying total disregard of the country’s new Constitution.

The party’s spokesman, Obert Gutu, told the Daily News yesterday that Mugabe had displayed “flagrant” disrespect for the country’s Constitution.

“Mugabe violated the Constitution and because of that he can and should be impeached. He cannot violate the supreme law of the land.

“By firing Mujuru the way he did, Mugabe has violated the Constitution, as a president and his deputy can only be fired in accordance with the Constitution.

“Those are good grounds for impeaching the president. So we dismiss the purported dismissal of Mujuru as a non-event,” Gutu said.

Although analysts said yesterday that the prospects were slim for the MDC to successfully impeach Mugabe, as the party had minority seats in Parliament, the main opposition still believed that it could succeed in its mission, particularly taking into account the current disquiet in the ruling party — caused by the ongoing brutal purges of members perceived to be loyal to Mujuru.

Legal experts also say Mugabe can be impeached if the MDC can prove that he has wilfully violated the Constitution or is incapable of holding office due to physical or other incapacity.

But in order to have the necessary two-thirds vote needed to achieve such a move, the MDC would need the support of disaffected Zanu PF MPs.

The Zanu PF leader, his wife Grace and their acolytes have accused Mujuru and her camp of conniving with the MDC, Western powers and almost laughably with witchdoctors and some churches to remove him from power.

In that light, the move to impeach the 90-year-old is likely to be interpreted by Mugabe and his supporters as confirmation of the conspiracy that they have been desperately trying to sell to anyone who has cared to listen about the alleged MDC/Mujuru ties.

However, speaking in an interview with the Voice of America’s Studio 7 radio station on Tuesday night, Mujuru emphatically stated that she would not leave Zanu PF, as it was the only party that she had known all her life.

Alex Magaisa, a Kent University law lecturer, yesterday said Mugabe may have erred in the manner in which he removed his VP from office.

He said Mugabe should have opted to fire Mujuru using section 14(2) of the Sixth Schedule, which stipulated that the VP served at the president’s pleasure, as this would not have burdened Mugabe with having to give unconvincing reasons as to why he fired her.

In a terse statement announcing Mujuru’s dismissal, chief secretary to the President and Cabinet Misheck Sibanda said Mugabe had exercised his executive powers to relieve Mujuru of her “position of Vice President of the Republic of Zimbabwe with immediate effect as it had become evident that her conduct in the discharge of her duties had become inconsistent with her official responsibilities.

“In terms of Section 108 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013, His Excellency the President, Cde R G Mugabe has relieved the ... ministers of their duties with immediate effect as it had become apparent that their conduct and performance were below the expected standard,” Sibanda said.

But Magaisa argued that this did not add up.

“Mugabe’s act of firing Joice Mujuru is an administrative act.

Further, he has purported to give reasons for firing her. The problem is that these reasons are too general, vague and not specific enough for her to defend herself.

“She has rights that are protected by law, including the right to demand detailed reasons to enable her to construct her defence and the right to a fair hearing in order to defend herself against any allegations thrown at her,” he said.

Magaisa added that in terms of the principles of natural justice that were enshrined in the Constitution, Mujuru had every right to contest her dismissal in court.

“In that statement, Mugabe is alleging misconduct, which any person, including Mujuru is entitled to contest if she does not agree with it.

It means therefore, Mugabe would have to prove the allegations before an impartial forum.

“He and or his witness would have to be cross-examined by Mujuru’s legal counsel on the correctness of his allegations,” he said.

Comments (44)

zvaana morgan nhai vanhu weye! the guy of a glass house is now throwing stones. what the president did is what you also did. you changed the constitution to allow yourself to be the life president of the mdc t. pls don't comment on this issue lest you complicate an already complex issue. garai mumba yenyika makanyarara asekuru. mukafunga umwe muchato chatai ndozvenyu kwete politics.

zvirozviyedzwa - 11 December 2014

@zvirozviedzwa. Do you understand that the constitution that is being talked abot is that of the country not the party. Zvimwe itai muchiverenga. Not just to make hasty comments

guest 1 - 11 December 2014

some pple dont even know that Zimbabwe and ZANU are different entities with 2 distinct constitutions. The zvirozviedzwa bootlicker knows of no distinction between Zimbabwe the country and some dead party called ZANU/ MATIBILI PF.

Bounty - 11 December 2014

wait and see whether Malema"s history won"t repeat itself. When sacked from ANC south Africa he said his blood is ANC and is not going anywhere. Look what do we have apparently powerful EFF, giving ANC sleepless night and uncomfortable parly sessions. All sacked united they are a fearsome threat to ZANu and likely to unseat it too ..

niceman - 11 December 2014

This is the only opportunity that parliament can constitutionally remove Mugabe by impeachment. There are good reasons and the disgruntled Zanu PF members can make history by voting with MDC. Technically they have nothing to loose and therefore can vote against Mugabe as he has dumped them.

Saxton - 11 December 2014

ZVIROTO ZVIROTO NGAZVIPERERE KUDZIMBA DZENYU.VANA GUTU NAANA TSVANGISON,SHUT UP,EAT THE MONEY OF THE WHITES QUIETLY.NONSENSE.MANJE HAMULUMI.MBWA DZEVANHU.ALL IN THE NAME OF SUPPORTING JOYCE? VIVA MUNANGAGWA

cheyameni - 11 December 2014

Morgan and his lot. Havapererwe nezvekutaura, asi chekuita hapana. Have tey tried to unpack the old statement yekuti Zanu chiwororo?

machakachaka - 11 December 2014

The action doesn't have to succeed. It will bring instant demise of the 100 year old Mugabe. the guy wont be able to handle the pressures. Remember 100 plus ZANU pf MPs were given the boot last week. MDC should hasten this. Parliament is meeting next week Tuesday. Problem might be the speaker who is well and truly a weevil who might block the Mugabe ouster

hezvo - 11 December 2014

Wena Morgan sihlonipha!!!what do we care abt who is fired in ZPF, use that energy to solidfy MDC and we expect that from u, not fighting war for Joyce, dd she ever give a hoot abt our MDC cdes who perished......sihlonipha stupid stupid!!!

UNCLE REAL - 11 December 2014

Kuhukura kwembwa isina meno siyai ichihukura

imbwaisinameno - 11 December 2014

mhata dzenyu imi mashaya zvekuita here, mahure evanhu

Dhimoni - 11 December 2014

Why Morgan wants to interfere in the ZANU PF politics vakoma....Hudofo wakaoma....Maisevenza mese against the economy sabotaging the old man....Why now....Mugabe did not say he wants to impeach you when you let Nelson Chamisa go at your congress........Maduna

Clemence Tashaya - 11 December 2014

zva morgan nevanhu vake zvakaoma. vamwe vacho vatori ma professor vachiteera sekuru vanongo taura zvavamuka vachifunga. kudzinga vana chamisa kuitira kuti aitewo 34yrs aripa nyanga. he is another handiende.

zvirozviyedzwa - 11 December 2014

why are people saying bad things about tsvangirai.he has not comented on zanu s poor finishing.leave him alone.apa robert akamutiwo ihure.ko iye robie tinonzwa kuti mai mujuru,oppoh, edina,nevamwe vese ndevake.

judas iskariot - 11 December 2014

Guys, one thing i dont like about both Zanu & MDC, Putting one man's face on most if not all part materials-Regalia. Zanu is not about Mugabe & MDC is not about Tsvangirai. Lets this be fixed by both. Campaign material during election times yes, but not any other times. This is how you aid the formation of dictotators. Pasi ne face yemunhu one on party materials.

allofus - 11 December 2014

@whitehorse. I agree with whitehouse & Biti as well on this one. I have read an article that said Tsvangirai was personalising MDC, is this not BOB's style of doing things. This should not be acceptable to all parties in ZIM if we want to kill the dictatorship ebola that we have experience the past 34 years. Get this fixed for sure!

whitehorse - 11 December 2014

allofus, whitehorse, Biti & anyone with the same notion, i salute your views. PASI NAZVO!!!!. i hope others see the same sense .

free& fair - 11 December 2014

you are right gys, saka emmerson akaitawo president madzimai achapfekawo here face yake. Ko iyo party hainawo here face yayo(mufananidzo wayo) Pasi nemaface face evanhu

ziface - 11 December 2014

Heeeiiish!!!!!!!!! I see some comments from cio agents insulting Morgan they seem very scared of this guy even their president does the same he would lush at Morgan without provocation. How many times has Mugabe tried to mingle in MDC T even bribing the Bitis of this world to cause trouble in the movement . We like the idea impeach him .

Diibulaanyika - 11 December 2014

Pasi nekupersonaliser zvinhu zveruzhinji.

Blank - 11 December 2014

Mozambique Botswana Zambia imbotarisaiwo muone kuti vanozvinofambisa sei After 10 YEARs CBZ inenge yakutenga land kunana Kasukuwera na Chombo

REX NHONGO - 11 December 2014

vakomana nevasikana mataura zvinonwisa mvura. bato harisi munhu one. idea yekuti morgan is the only face of opposition in zimbabwe is very dangerous. with that mindset, we would be encouraging him to grow big headed. there are many people who can do the same job including some of us commenting on this forum. ushe unofanira kuita madzoro two terms and you give the baton to another. zvaana morgan zvekupfuuridza two terms kwakuchinja constitution kuitira kuti aite overstay is a good siginal to all of us that he is a dictator in the making. once apinda panyanga moziva kuti anotopfuura 100 yrs aripo chete. biti was right to challenge him. this will show these characters that leadership should not be permanent.

zvirozviyedzwa - 11 December 2014

Life is full of mysteries. God help Joyce a humble mother. Im sad for Joyce and happy for Ngwena coz umambo kuMidlands this time. Mash... majaira. Tatora

Manje So - 11 December 2014

Great guys! let not create dictators by letting them put their faces after all we might have better faces than them all. (BOB, & Tsvangi) As @Zvirozviyedzwa has said, They are not better or so special than any of us. Selecting a leader does not mean that they are they are the party the constitution & the law, to market themselves & change the laws to their favor.

ndaja pirombo - 11 December 2014

Good news guys. Even zvikaramba first time round, we keep on impeaching till Matibili returns to his homeland Malawi to grow rice on Mt Mulanji

tumbuka - 11 December 2014

People,why do you want to criticize everything? What MDC wants to do is something any citizen of Zim can do. Mugabe has unconstitutionally fired Mujuru and we can't keep quite when things are going out of hand that way. What you should be knowing by now as a concerned Zim citizen is that there is a thick line between party government and state government and those two must not be mixed. Zanu Pf is mixing them, in the process taking us for granted. If they don't like Mujuru anymore in the party she still can still stand and finish her tenure as the VP of the country because she was sworn in and she took the oath to work in that office for the tenure that was stated up to 2018.If we keep quite thats where they will continue doing things above the law and we will be quite.

Gadzi - 11 December 2014

King DONG Tsvangirai (the chief shagger) is an abject failure at everything he does. HE FAILED THE NATION ! He needs to shut up and be replaced. Zimbabweans need a REAL beacon of hope – not an incoherent idiot, or a tyrannical despot.

Nhamodzenyika Pamire - 12 December 2014

King DONG Tsvangirai (the chief shagger) is an abject failure at everything he does. HE FAILED THE NATION ! He needs to shut up and be replaced. Zimbabweans need a REAL beacon of hope – not an incoherent idiot, or a tyrannical despot.

Nhamodzenyika Pamire - 12 December 2014

Chinotimba to lead fresh farm invations to the 10 farms under joice if he is not joice`s side. That former cde mini skirted witch that wanted to kill the life long president that is not insane must be hanged for treason.

Forner Cde - 12 December 2014

the zanu pf party iz serving the zimbabwean notthhe other way round....so the nation needs and deserves to be given the solid proof of mujurus vices,but instead we are shadowed by our own employees

carloc van yoyo - 12 December 2014

morgan did not fail everything @nhamodzenyika pamire, inhamba hwani (one) pamadzimayi. pamichato haakundike shamwari. bvunzai veku court. anovharwa hake ne politics but pakuroora ishasha.

zvirozviyedzwa - 12 December 2014

If such a section as this section 14(2) of the sixth schedule which the President can use to relieve a VP "at his pleasure" is in existence, then what do the MDC think they are doing? They might as well be whistling in the wind because that is exactly what Mugabe did, he acted within the confines of their warped constitution to fire the VP who reportedly was not serving him well, -at his pleasure. Lovemore Madhuku's party has already filed papers to take ZANU PF to court over the same matter and I think it should be left to them to go ahead as they are so used to fighting losing battles. MDC on the other hand should be regrouping especially now after the aftermath of the conGrace to take advantage of the weaknesses that now define ZANU PF. Mnangagwa is known more by the general populace for his brutality while Tsvangirai is the face of that most anticipated real change and prosperity the nation hungers for. There is no better time than the present one at hand to sell the MDC brand.

Dr Know - 12 December 2014

the brand was obliterated and depleted by the infighting caused by the same problems that beset zanu 'handiende' atttitude. there is no brand to talk about. morgan is no longer the face of opposition. you may as well replace him and become the face of opposition. forget save. he is now history.

taurai - 12 December 2014

That is wishful thinking that the Morgan brand is no more the guy is popular and liked even outside the country . He is the only hope for this country especially for the poor only .

Chimedza matombo - 12 December 2014

which country hama? UK?, USA?, Botswana? i dont think so. vana khama vakatoona kuti morgan haana nyaya kare kare. ipi nyika hama? morgan is finishi. ikohino unongo ndeya urimuno. hakuchina kwekuenda.

zvirozviyedzwa - 12 December 2014

Which country are you in? I do not think you live among the general population in zim which is behind Chematama through and through it is unfortunate as you stay along Tongogara street and you have no chance to hear really people in locations speak . What makes you think Morgan is finished is wishful and fear that his support base is swelling with gamatox likely to work with him behinnd the scenes . Actually your party zanu is breathing the last breath.

Chimedza matombo - 12 December 2014

that is a good move.ndinomira naSave padanho rakanaka kudai coz bumbiro rinovanirwa kutevedzerwa not kuita chimbumbumbu

McPYTHON KATIYO - 12 December 2014

Chii chinombonzi MDC? Kune uyu anotsvaga vakadzi kuZANU PF here?

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mccart - 18 December 2014

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