PART 4 -MNANGAGWA V THE RULE OF LAW

Title: The Toxicity of a Broken Governance Order: Constitutional Court’s Silence on Alleged Misconduct

Introduction:

In a country grappling with a broken governance order, the role of the Constitutional Court becomes all the more crucial in upholding the rule of law and ensuring accountability. However, recent developments have raised concerns about the court’s impartiality, independence, and willingness to address alleged misconduct by those in power. The case of businessman Mutumwa Mawere, as highlighted in a recent affidavit, exposes the toxic consequences of a system that allows for unchecked actions by those in authority.

The Mawere Affidavit: Unveiling a Troubling Narrative

The affidavit filed by Mutumwa Mawere, a prominent businessman, presents a troubling narrative of a judicial system that seems to have failed in its duty to protect the rights of individuals and safeguard the rule of law. The document alleges a series of serious violations, including the failure to serve important applications on the respondent, who occupies a key role within the government. This raises questions about the fundamental principles of due process and fair treatment under the law.

Impartiality and Independence Under Scrutiny

One of the key issues highlighted in the affidavit is the concern regarding the impartiality and independence of the Constitutional Court. The involvement of DMH Attorneys, allegedly without the knowledge and involvement of the Attorney General, calls into question the court’s ability to act independently. This casts doubt on the integrity of the decision-making process and the court’s commitment to upholding the rule of law. Without impartiality and independence, the court risks becoming a tool for those in power rather than a bastion of justice.

The Reconstruction Act: State Capture or Legitimate Legislation?

Another critical legal issue brought to light in the affidavit is the validity and legality of the Reconstruction Act. Mawere contends that the Act is founded on false premises, inconsistent with the constitution, and amounts to state capture by allowing undue interference in the affairs of private companies. These allegations strike at the heart of constitutional principles, demanding a careful evaluation of the Act’s constitutionality and its potential impact on the rights of individuals and the business community.

Silence and Implications for the Rule of Law

Perhaps most concerning is the apparent silence of the Constitutional Court in addressing these allegations. Mawere’s affidavit highlights the urgent need for the court to fulfill its constitutional mandate and hold President Mnangagwa accountable for his conduct, which is alleged to have deprived and divested Mawere of his property through punitive and confiscatory measures. By remaining silent, the court risks undermining public confidence in its integrity and perpetuating a system that allows for abuses of power.

Raising Awareness and Demanding Accountability

The Mawere affidavit serves as a call to action, urging society to recognize the toxic consequences of a broken governance order. It is incumbent upon journalists, civil society, and citizens to raise awareness of these issues and demand accountability. A transparent and independent judiciary is essential for upholding the rule of law and ensuring that no one, regardless of their position, is above scrutiny.

Conclusion:

The affidavit filed by Mutumwa Mawere provides a sobering account of the challenges faced by a nation when its governance order is broken. The allegations of misconduct, lack of impartiality, and the silence of the Constitutional Court demand our attention and action. It is imperative that we recognize the importance of an independent judiciary, the need for accountability, and the preservation of the rule of law. Only through collective efforts can we hope to rectify the existing flaws and restore faith in our governance institutions.