'Mugabe acted unlawfully'

HARARE - Former Presidential Affairs minister, Didymus Mutasa, last night released a scathing statement regarding his purported expulsion from Zanu PF, accusing President Robert Mugabe of acting unlawfully and breaching the ruling party’s constitution.

The statement followed an earlier exclusive interview that Mutasa had granted the Daily News (see today’s lead story) in which he stated that Mugabe’s wife, Grace, was now in charge of Zanu PF.

In the statement last night, which he again defiantly signed as Zanu  PF’s legitimate secretary for administration, Mutasa said the  “purported meeting of the Zanu PF politburo”, that met on Wednesday and took a decision to expel him and his nephew Temba Mliswa from Zanu PF, was a sham.

He said the politburo had met and acted against him despite the fact that in the previous politburo meeting, a disciplinary committee chaired by Vice President Phelekezela Mphoko had been appointed and set up to conduct proceedings against him.

“The purported expulsion, is null and void, and a serious breach of our party constitution and indeed the Constitution of Zimbabwe.

“Article 10 of Zanu PF constitution establishes a national disciplinary committee chaired by the party national chairman which has the power of conducting disciplinary hearings, subject to the  principles of natural justice.

“The duty and responsibility to comply with principles of natural justice is set out in Section 65 of Article 10 of the Zanu PF’s constitution.

“In my case, no charges were ever laid against me, and the disciplinary committee never summoned me to any disciplinary hearing.

“Over and above this, this disciplinary committee, is improperly constituted anyway given that, the (disputed December 2014 congress and the First Secretary of the party unlawfully breached the party constitution by failing to elect the party national chairperson who is the only one who can chair such a meeting,” Mutasa thundered.

He also pointed out that the national disciplinary committee was a subcommittee of the party’s central committee and reported to the central committee, and the politburo was the secretariat to the  central committee and as such, had no powers to expel any individual.

“The politburo thus could not lawfully expel me or anyone for that  matter including comrade Temba Mliswa.

“Besides, as I have insisted, the congress itself was a sham and  therefore the politburo and central committee elected from the same are a sham,” Mutasa said.

He added that the events unfolding in Zanu PF were “unfortunate and illegal”.

“The fact is that the party has been hijacked by a group of persons not intent on respecting the party constitution and the national Constitution.

“I therefore remain the duly elected secretary for administration for Zanu PF and as I have advised before legal proceedings challenging the congress will be filed in due course,” Mutasa said.

Comments (13)

Zanu has systematically eroded the rule of law, as shown by their contempt of the provisions of the constitution and Bill of Rights. This starteda long time ago, when Mutasa was still a powerful man in the party. Today, part of the explanation in acute lack of investment, high unemployment, and a retarded economy can be found in the manner we disprespected property rights. Gladly, i think, this will explain the demise of the party, soon. Very soon indeed.

zenzo - 20 February 2015

Regai zvibayane!

Khule - 20 February 2015

MUTASA WAJAIRA KUITA IWE UNLAWFUL STUFF. WAIZVIITA MAMBO KU MANICALAND PAMWE NA FUNGAI MBETSA. MANJE FUNGAI MBETSA TAKAKUMHANGARIRA KUNA DR GRACE MUGABE AND SHE PROMISED TO TAKE ACTION. ITS A MATTER OF TIME. HONA MUTASA AIFUNGA KUTI ISHASHA. MANJE ZVAMUWANA. FUNGAI MBETSA UNOISA VANA MAMBO VAUNODA PAZVIGARO USINGATEVEDZERI MUTEMO. NDIWE NEXT!!!!!!

JINDWI NDEYEDU - 20 February 2015

BLA MBETSA!!!!!! FUNGAI MBETSA WAONA MOTO. NO NEED FOR MEETINGS. JUST APOLOGISE AND REVERSE YOUR DECISION!!!! URI PA TIGHT!!! DR GRACE MUGABE PROMISED TO LOOK INTO THE ISSUE NOW AND WAONA MOTO!!!!

BLA MBETSA!!! - 20 February 2015

How long does it take to launch legal proceedings ?. Baba Mutasa has repeatedly said so many many time or you were waiting to be expelled first which is stupid on your part . Mugabe has never acted lawfully not in a single day but its funny that Mutasa has discovered that now . Mugabe and you are evil so is zanu that is why citizens of this country are suffering today . Can Mutasa please call a rally a.s,p and address the old zanu about a new break away party which has imaged from from zanu is led by Grace who is hiding behind Mugabe and then expel Mugabe ,Munangagwa .Mpoko and their side kicks from the old zanu for bringing chaos in the ancient zanu . If Mutasa can do that then he will be taken serious but as of now he is still one of them .

Diibulaanyika - 20 February 2015

which party constitution manje Cde DDmus? You nolonger belong to the illegal zanupf so they are acting accordingto their party consti.

gandanga - 20 February 2015

I we siyana naFungai Mbetsa mhani iweee unoti Grace wako waunohumana uchitaura unebasa nesu.Mese muri mbwa iwe naGrace wacho.Zanu PF HAISI YEKUITIRA DZUNGU MABHARANZI

iwe baba Mbetsa - 20 February 2015

Fungai Mbetsa must have slept with your wife and you are just a big coward hiding behind a woman (Grace).

Nyopora - 20 February 2015

I guess this is the time for baba Mutasa to write his memoirs thus opening a window for us to see the goings on in ZPF. It would be interesting to read his story of how elections were stolen in 2000 and more importantly in 2008. An account of how nikuv stole the elections would also present us with good reading material. By the way, is Enos Nkala's book published yet, as we were told the book will be published after his death??

Nesongano - 20 February 2015

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