“The Power of Ideas is so profound, that nothing can stand in the way of human beings whose minds meet on a problem,” said Mr. Chitambo, a member of BOAF-10,000POL

“The Power of Ideas is so profound, that nothing can stand in the way of human beings whose minds meet on a problem,” said Mr. Chitambo, the Founding Secretary General of the Friends of Shabanie Mashava Mines Trust (FOSMM) and a member of BOAF-10,000Points of Light (“The Power of Ideas is so profound, that nothing can stand in the way of human beings whose minds meet on a problem,” said Mr. Chitambo, a member of BOAF-10,000POL, quoted Mr. Mawere, also a member of FOSMM, in relation to the discovery that the Attorney General of Zimbabwe (AG), has been caught napping on a major scandal to visit the Constitutional Court of Zimbabwe.

The facts of the scandal are that on 17 December 2021, Mr. Tichaona Mupasiri, a member of FOSMM, 10,000POL, and the Justice Under Rule of Law (JUROL) launched an application with the Constitutional Court in terms of s167(2)(d) and s173(3) of the Constitution alleging that Mr. Edwin Manikai, a member of President Mnangagwa’s inner circle and also his personal lawyer, had openly disclosed to Mr. Frederick Mutanda that the decision to use public power in relation to SMM was because of a major political fallout between President Mnangagwa and Mr. Mawere.

Mr. Mupasiri cited President Mnangagwa as the First Respondent and Mr. Manikai as the Second Respondent. He was able to effect service on Manikai and failed to do the same on the President and the AG.

However, mordaciously on 24 December 2021, the President filed an affidavit opposing the application raising the question as to how in a constitutional dispensation could a President who had not been served with court papers, could use the agency of a private law firm, DMH Attorneys, without the knowledge and involvement of the AG who in terms of s114 of the Constitution is vested with the power and authority to act as the President’s Chief Legal Advisor.

The Malaba-led court has tried in vain to dismiss this breach of oath by the President in intentionally and knowingly using the agency of a private firm when he has no title or jurisdiction to be involved in the hiring and firing of external legal advisors to public office bearers without affording both parties an opportunity to ventilate their views on the authority issue.

The question that remains unanswered is whether the President can appear before the Court and file papers without the knowledge and involvement of the AG.

The constitution is instructive. Unlike banana republics where the President can act outside the limitations imposed by law, President Mnangagwa is not one such Imperial President.

This letter penned by Mr. Mutumwa Mawere to the Registrar of the Constitutional Court of Zimbabwe in response to Chief Justice Malaba’s decision to set down the challenge of DMH to act on behalf of President Mnangagwa, is instructive.

Mr. David Kaira, an associate at Charles Siamutwa Legal Practitioners, a law firm that is acting for TAP Building Products Limited (TAP), a Zambian company whose control and management was hijacked using the Reconstruction Act that President Mnangagwa defended in the Mupasiri matters as constitutional.

https://soundcloud.com/the-1873-fm/voice-of-mr-david-kaira?utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing

This is what Mr. Frederick Mutanda, who challenged the extension of Chief Justice Malaba’s term had to say to Mr. Mawere: “I applaud you for the letter. Thank you very much. It is a sham judiciary. We have allowed this people to trample upon the Constitution for too long. Malaba-led apex court exists principally to protect the Appointing Authority but hopefully your letter will stop these shannegans of undermining the rule of law inside courts of meant for justice.”

Mr. Frederick Kyle, an attorney based in Finland said: “Good letter. Well drafted with the issues clearly articulated. If the system is broken (which I believe is indeed is the case) why still partake in it?”

Mr. Mupasiri echoed the sentiments of Mr. Kyle as follows: “There is need for Mr. Kyle to see all these shenanigans being played using a public office of the President. Although his views are valid that I should not use the broken justice system presided by Malaba CJ, it is important for the people of Zimbabwe to get a glimpse of how a purportedly private law firm like DMH has effectively substitute a constitutional office of the AG. This nonsense and culture of impunity would not take place in any constitutional dispensation. It is now clear that the AG’s jurisdiction to defend the President has been stripped from him without suffering the burden of amending the constitution to provide for this absurdity.”