PART 2 – MNANGAGWA V THE RULE OF LAW

Assume you are a Professor of Journalism and you are asked to write an article based on the affidavit as part of raising awareness of the toxicity of having a broken governance order in which the Constitutional Court, a body that the framers of the Constitution gave exclusive jurisdiction and title to hear and determine the validity and legality of President Mnangagwa’s conduct in relation to a regime he conceived and prosecuted to deprive and divest Mawere of his property using a penal and confiscatory law with impunity and the conduct of this apex court when called upon by Mupasiri and Mawere to step up to the obligation imposed on this court in terms of s. 167(2)(d) as read with s. 167(3) of the Constitution?
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Title: The Toxicity of a Broken Governance Order: A Call to Safeguard Constitutional Principles

Introduction:
In a country where the rule of law should reign supreme, recent developments have shed light on the toxic consequences of a broken governance order. A compelling affidavit filed by Mutumwa Mawere, a prominent figure whose property was allegedly seized through questionable means, reveals alarming allegations surrounding the conduct of President Mnangagwa and the Constitutional Court. These revelations serve as a wake-up call, underscoring the urgent need to address the erosion of constitutional principles and the resulting impact on society. This article aims to raise awareness about the pressing issue at hand and highlight the importance of safeguarding the integrity of the judiciary.

Challenging the Constitutional Court’s Role:
The affidavit brings to light a crucial paradox: the Constitutional Court, a body entrusted with exclusive jurisdiction to uphold constitutional validity and legality, is now being called into question. Mawere’s application, as well as the Mupasiri case, unveils serious allegations regarding the court’s failure to serve legal documents on the respondent, the impartiality of the judges, and the potential conflict of interest arising from the appointment of DMH Attorneys without the involvement of the Attorney General. These allegations challenge the fundamental tenets of the judiciary, leaving the public to question whether justice can truly be served.

Unpacking the Legality of the Reconstruction Act:
Central to Mawere’s affidavit is the contention that the Reconstruction Act, used as a tool to divest him of his property, is built on false premises and is inconsistent with the constitution. This raises concerns about the constitutionality and legality of the Act, which grants the state significant power to interfere in the affairs of private companies. If these allegations are proven true, it undermines the principles of fairness, impartiality, and due process enshrined in the constitution. The court must carefully scrutinize the Act, assess its compatibility with constitutional rights, and determine its validity.

The Urgency of the Matter and Implications for the Rule of Law:
Mawere emphasizes the urgency of the situation, stressing that the outcome of this case could have far-reaching implications for the rule of law in Zimbabwe. Swift action is needed to address the alleged violations and protect the integrity of the judiciary. The court must consider the gravity of the allegations and the potential consequences of allowing conduct inimical to the rule of law to persist. Expedited proceedings and interim measures may be necessary to restore public confidence in the judiciary and demonstrate that no one, including the President, is above the law.

Conclusion:
The affidavit filed by Mutumwa Mawere serves as a powerful indictment of a broken governance order that jeopardizes the foundations of democracy and the rule of law. The allegations surrounding President Mnangagwa’s conduct and the response of the Constitutional Court demand urgent attention. It is imperative for society to rally behind the cause of safeguarding constitutional principles, ensuring the independence and impartiality of the judiciary, and holding those in power accountable for their actions. Only through collective awareness and action can we strive to restore justice, fairness, and the rule of law to our society.