Mugabe has right to criticise Mutasa case: Moyo

HARARE - Information minister and Zanu PF politburo member Jonathan Moyo yesterday said President Robert Mugabe has a right to criticise Didymus Mutasa and Rugare Gumbo’s High Court application challenging the legality of the 2014 Zanu PF congress.

Our sister paper, the Daily News on Sunday yesterday published a story in which lawyers attacked Mugabe accusing him of interfering with the judiciary.

But Moyo yesterday came out guns blazing saying Mugabe as a respondent has a legal right to speak on a case he has been sued. Find below Moyo’s full statement to the Daily News.

IT is false, misleading and even mischievous for anyone, especially lawyers, to claim that Didymus Mutasa is now unlikely to get a fair court hearing after President Mugabe said last Friday in Chirumhanzu-Zibagwe constituency that no court could interfere with internal matters of Zanu PF by entertaining Mutasa’s recent controversial High Court application whose essence is to challenge the existence of Zanu PF after the party’s

December 2014 national people’s Congress

What the President said is well within his legal rights in accordance with the rule of law given that he is the second respondent in the matter. From a legal point of view, President Mugabe was merely indicating and reaffirming the well established principle that courts have no jurisdiction over the internal political processes of political parties as private voluntary organisations.

Adjudicating over a highly charged political matter such as the one that Mutasa and Rugare Gumbo have placed before the High Court cannot possibly be a simple or straightforward matter of interpreting the words or provisions of Zanu PF’s constitution but it is also about getting inside the DNA of the party’s ideology, policies, practices, traditions and values as a private and voluntary association.

It is precisely for this reason that courts of law typically refrain from exercising jurisdiction over internal matters of political parties by requiring that litigants should in the first instance seek and exhaust all domestic remedies. Not only have Mutasa and Gumbo failed to seek any domestic remedies over the political matters they raise in their controversial court application but they have also unambiguously made it abundantly clear to all and sundry that they are contemptuous of Zanu PF itself and are unwilling to subject themselves to any of the party's internal processes.  Their approach to the courts of law is therefore political and sinister with no legal purpose whatsoever.

As a respondent in the matter, President Mugabe is therefore right to question and challenge the legal basis upon which the courts can entertain a political application that is poorly disguised as a court application. 

More specifically, the President is well within his rights to assert that the courts have no jurisdiction in the matter. It is of course up to the courts to make a determination as to whether they have such jurisdiction in terms of the law and legal practice or precedence, but litigants in a constitutional democracy have a right to question and challenge that jurisdiction.

That is what President Mugabe has done. It is ludicrous to suggest that such a challenge threatens Mutasa’s right to a fair hearing.

After all it is Mutasa who not only cited President Mugabe as a second respondent but who also has been saying a lot of rubbish outside the court using mafia tactics to support his flawed court application.

Mutasa must now live with the political and legal consequences of his court action.

Comments (15)

Moyo that is hot air & you know it. A Competent court if indeed there is no merit to this case will simply throw the case out and order Gamatox and Gumbo to foot the bill. Mugabe's utterences everyone with an iota of truth within them will understand that it was a vieled attack on the judiciary.

Galore 123 - 9 March 2015

F***ng Jonathan Moyo!!! How can someone who calls himself a Professor say ZANU PF is a private organisation???

Garikayi - 9 March 2015

Jonathan Moyo is psych. problem - do not read much in him.

Mukanya - 9 March 2015

jonathan moyo , its either you are a schizoid individual with sociopathic trends, or the reverse, a sociopathic individual with schizoid trends,

fire links - 9 March 2015

There is a difference between criticising and threatening Johno. Afterall people musn't expect much from you because everytime you open your mouth, there is nothing worth listening to.You question lawyers' opinion over the issue.The same can be said about them, they also have the legal right to question the President's statement.Afterall, being a Professor does not make one into a lawyer.Let the judiciary decide whether there is a case or not, not to threaten judges in the name of criticising.

Tahir Iqbal - 9 March 2015

I am simply sick and tired of this ars.ehole. Every time he opens his mouth, pure #shit spews out of it.

fundi - 9 March 2015

moyo, even isu tinofarira president hatidi kuti upindire. you said you wanted to destroy the party from within and it appears that's exactly what you are doing. pls mafikizolo regera vanhu ve bato vataurirane kwete kukuchidzira moto zvauri kuita. spare our party.

taurai - 9 March 2015

Minister of (Mis)Information last time when Mugabe fell and we all saw with our own eyes pictured of him flying and landed on his hands and knees you told us he "broke" the fall. Today you are tell us he did not threaten the judge although he did say he will "question the education qualifications" of the judge who hears Mutasa's case. Minister Moyo now tells us denying Mutasa and others due legal process is not a legal matter but an "ideological and political" matter. How convenient that the accused should also be the prosecutor, judge, jury and executioner too and thus are free to move the goal post, even have it removed altogether, as the situation dictate! This Mutasa case is not just any run of the mill case, it is challenging a subject matter no one has dared challenge until now – the legality of Mugabe's lawlessness. Mugabe is so threatened he is threatening the judge who dare hear the case. Thank God the days of tyrannical rule are now numbered.

wilbert Mukori - 9 March 2015

After Mugabe proof read Grace"s Phd work, Prof J.Moyo is back again and this time " its about getting inside the DNA of the party's ideology, policies, practices, traditions and values as a private and voluntary organisations. " It is Mutasa who has been saying a lot of rubish outside the court using MAFIA tactics." unquote Mugabe and Mutasa are the same, they formed this Mafia oganisation. Mugabe is attacking the judiciary and wants to see their qualifications. BUT since 1980 Mugabe caps all these judiciary officers from varsities.

X-MAN IV - 9 March 2015

thats squelar for you comrades

munzwi wenyaya - 9 March 2015

Did u just admit that the summary dismissals were a breach of the party's constituition. "Adjudicating over a highly charged political matter such as the one that Mutasa and Rugare Gumbo have placed before the High Court cannot possibly be a simple or straightforward matter of interpreting the words or provisions of Zanu PF's constitution..." That sounds like an admission of guilt tome. So if you guys cannot follow your own constitution, then how can we trust you to follow the country's constitution. You trample on it every day in full view of the public.

Lost Voice - 10 March 2015

Our once beautiful country has most certainly degenerated into the lowest possible depths. It can best be described as a 'rotten banana republic' When will this madness end?

saundy - 10 March 2015

In Iraq there was comic ali also known as Baghdad Bob, in NAZI Germany there was Goebbels and in Zimbabwe there is Jonathan Moyo!

Bingo Wokwa Gutu - 10 March 2015

Jonah we Ford Foundation tinyarare apa. ZPF might be a private organisation but is it voluntary? It appears like all its members are mad and shackled together in a sanatorium!! Combined total IQ < 1. Commonsense absent. Evil and cruelty 100%

Nathanjo Yomo - 10 March 2015

Pliz vema adverts spare us a bit timbokurukura zvenyika. Iyi inyaya iri serious, zvema laptop nema clearance tombomira.

timotio - 10 March 2015

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