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Former ZANU PF youth leader, Jim Kunaka, has approached the Constitutional Court, challenging a High Court ruling that was upheld by the Supreme Court barring Saviour Kasukuwere from contesting as a presidential candidate in the 23 August 2023 elections, reported <a href="https://www.newsday.co.zw/thestandard/news/article/200014675/fresh-court-battle-to-rescue-tyson-bid">The Standard</a>.
In his application seeking access to the ConCourt, Kunaka said the ruling by High Court judge Justice David Mangota violated the constitutional right of voters to vote for their preferred presidential candidate. Kunaka said in his submission:
<blockquote>
I nominated Saviour Kasukuwere as a presidential candidate. He was my candidate of choice.
It is my respectful contention that the decision of the court in question infringes on my right to choose a candidate of my choice to participate freely in politics as protected by sections 58 and 67 of the constitution of Zimbabwe.
The judgement of the court was a constitutional judgement pursuant to an application made by the first respondent in terms of Section 85(1).
I, therefore, seek direct access to this honourable court to set aside the judgement in question on the basis that my constitutional rights have been infringed.
There are millions of people who will vote in that election, and there are thousands who will vote for Kasukuwere…
It is, therefore, in the overwhelming interest of justice that the judgement be set aside and that he be allowed to stand as a candidate in the forthcoming election.
</blockquote>
Kunaka cited Lovedale Mangwana, the ZANU PF activist who challenged Kasukuwere’s candidacy resulting in his disqualification, Kasukuwere, the Zimbabwe Electoral Commission (ZEC), Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, the Judicial Services Commission and Attorney General, Prince Machaya, as respondents.
Lawyer Dumisani Dube told The Standard that even though the application by Kunaka doesn’t stop the decision of the Supreme Court, the application was critical and urgent. Said Dube:
<blockquote>
The application by Kunaka doesn’t stop the decision of the Supreme Court.
However, due to the importance of the matter in the constitutional jurisprudence of the country, the court may set the matter down urgently before the election date.
I also think Kasukuwere should have been the one who approached the Constitutional Court, as he had a direct and substantial interest in the matter and not a third party, who might not have the locus standi.
</blockquote>
“Locus standi” is a legal phrase that means a right to appear in a court or before any body on a given question.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Jim Kunaka Approaches Constitutional Court Over Kasukuwere's Disqualification

CCC and MDC welcomed a ruling by the Constitutional Court (ConCourt) on Friday against the candidate nomination fees for the 2023 harmonised elections set by the Zimbabwe Electoral Commission (ZEC) in August 2022.
The ConCourt made the ruling following an application by Devine Mhambi Hove, leader of the opposition National Alliance of Patriotic and Democratic Republicans (NPDR).
Mhambi argued that the fees were too high and contravened provisions of the national Constitution.
The ConCourt gave Parliament seven days to review the fees.
CCC spokesperson Fadzayi Mahere told <a href="https://www.zimlive.com/zecs-hefty-nomination-fees-unite-political-rivals/">ZimLive</a> that the party’s MPs were ready to propose “reasonable fees” taking into cognisance the prevailing economic situation. She said:
<blockquote>
The latest Constitutional Court ruling prohibiting the exorbitant Nomination Court fees as set out in SI 144/2022 vindicates the CCC position that ZEC must not unduly restrict citizen participation in electoral processes by making the fees unaffordable in this harsh economic climate.
CCC MPs are ready to propose reasonable fees that will cover administration costs by ZEC and are in line with our economic realities.
The CCC believes genuine members of parliament from across the political divide will unite to put forward a reasonable and affordable fee in light of the economic challenges faced by citizens throughout the country who intend to be candidates in this coming general election.
</blockquote>
Also speaking to ZimLive, MDC spokesperson Witness Dube said the party will work with other parties across the political divide to decrease the nomination fees. He said:
<blockquote>
The court’s ruling has given the Zimbabwean people a lifeline, a glimmer of hope in terms of affirming our democracy where we don’t have fees as restrictive measures when it comes to political representation of the masses.
Since this is going to be determined by parliament, we will be working with everyone in parliament.
When I say everyone, I mean MDC will be open to working with CCC, and will be open to working with ZANU PF MPs in order to arrive at very reasonable nomination fees.
No matter how much the country needs in terms of funds to run the election, we should fund our elections through other means not directly relying on the participants because that has an adverse effect on limiting the space, the democratic space shrinking it and actually impacting on the quality of leadership that therefore emerges.
</blockquote>
Nomination fees for presidential candidates in the 2018 general election were US$1 000 and US$50 for parliamentary candidates.
However, in August 2022, ZEC increased the fees to US$20 000 for presidential candidates, US$1 000 for aspiring Members of Parliament and US$100 for senatorial and council seats for aspiring candidates ahead of the 2023 elections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

CCC, MDC Welcome Constitutional Court Ruling On ZEC Candidate Nomination Fees

Citizens Coalition for Change (CCC) leader Nelson Chamisa says his rival Douglas Mwonzora was imprudent when he allegedly hobnobbed with ZANU PF after he became the leader of MDC-T.
Chamisa made the remarks following Mwonzora’s unsuccessful application challenging the Zimbabwe Electoral Commission (ZEC)’s delimitation report.
On Monday, the Constitutional Court dismissed Mwonzora’s application seeking nullification of the delimitation report.
Had the Constitutional Court granted Mwonzora’s application, the 2023 general elections would have had to be postponed.
Posting on Twitter, Chamisa said opposition leaders should never trust ZANU PF as doing so will end in tears. <a href="https://twitter.com/nelsonchamisa/status/1655548970993590272?s=20">Wrote Chamisa</a>:
<blockquote>
Never, never go to bed with Zpf. It’s dangerous! Maybe just go to dinner but then use a very long spoon. Otherwise, it will end in tears!
</blockquote>
Speaking to reporters outside court after the ruling, Mwonzora said the court made a political judgment. He said:
<blockquote>
Their (judges’) argument is that they do not have jurisdiction, in other words, that they don’t have the power to hear the case. In our respective view, the court has made a political judgment.
</blockquote>
Mwonzora’s lawyer Lovemore Madhuku <a href="https://www.newzimbabwe.com/it-will-end-in-tears-chamisa-taunts-mwonzora-after-concourt-tosses-mdc-leaders-delimitation-report-challenge/">hinted that</a> they would likely seek a declaration that ZEC’s delimitation report is invalid at the High Court.
The general elections must be held between 26 July and 26 August, to comply with Constitutional regulations that the election must come not more than 30 days after the expiry period of the current Parliament.
President Emmerson Mnangagwa recently said he will proclaim the election date before the end of this month.
Current laws also stipulate that a proclamation can only be made 44-88 days before the election date.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Chamisa Mocks Mwonzora After ConCourt Dismisses Delimitation Report Challenge

The Constitutional Court (ConCourt) full bench on Monday, 20 March 2023 dismissed an application by ZANU PF member Tonderai Chidawa seeking to nullify the delimitation exercise which mapped new boundaries of the wards, the House of Assembly and Senate to be used in the 2023 general elections.
Chidawa argued that the delimitation process, which was done by the Zimbabwe Electoral Commission (ZEC) was flawed, saying that it was done in violation of the Constitution.
Chief Justice Luke Malaba chaired the ConCourt proceedings. The bench said full reasons for the judgment will be released in due course. Reads the order:
<blockquote>
It is ordered that this application be and is hereby dismissed with no order as to costs.
The reasons of the full judgment will follow. No cause of action has been pleaded against the respondent.
</blockquote>
Speaking to journalists on Monday outside Mashonganyika Building which houses the Constitutional Court, Chidawa’s lawyer Professor Lovemore Madhuku, said:
<blockquote>
It’s a very disappointing judgment because the court has refused to have an opportunity to look at Section 119 (of the Constitution) and obligations of Parliament, thereof.
They will give their reasons later. I suspect the court does not want to interpret Section 119 to go as far as we had put it ourselves, which is accountability of State institutions such as independent commissions that Parliament is entitled to investigate how they operate in terms of the Constitution. 
Section 119 of the Constitution, gives Parliament the power to ensure that provisions of the Constitution are upheld and that the State and all institutions and agencies of government at every level act constitutionally and in the national interest.
</blockquote>
In his application, Chidawa accused Parliament of failing to nullify the ZEC delimitation report and initiate investigations into it.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Constitutional Court Dismisses Delimitation Report Challenge

The Constitutional Court (ConCourt) has set aside a High Court ruling declaring the May 15 extension of Chief Justice Luke Malaba’s term invalid. 
Justice Makarau and Justice Patel dismissed the high court judgement, and have ruled that Chief Justice Luke Malaba has always been legally in office and his tenure was extended by further 5 years.
A lawyer Musa Kika had filed an application seeking the recusal of judges set to preside over a case where a Zanu PF activist, Marx Mupungu wanted the Constitutional Court to overturn a High Court ruling that nullified the extension of Malaba’s term of office.
Kika had argued that the18 judges from the ConCourt and Supreme Court should recuse themselves from hearing Mupungu’s application.
Professor Lovemore Madhuku who opposed Kika’s application said the ConCourt ruling is confirmation that President Emmerson  Mnangagwa’s extension of Malaba’s tenure was within the confines of the law. Watch the video below for more details.
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<video class="wp-video-shortcode" controls="controls" height="352" id="video-215025-1" preload="metadata" width="640"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/09/MADHUKU-CON-COURT.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2021/09/MADHUKU-CON-COURT.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2021/09/MADHUKU-CON-COURT.mp4</a></video></div>
<a href="https://news.pindula.co.zw/2021/05/12/president-mnangagwa-extends-cj-malabas-term-of-office/">President Mnangagwa in May extended Malaba’s term of office</a> by an additional five years beyond 70 years.

<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/12/full-thread-cj-malaba-will-suffer-legitimacy-deficit/">FULL THREAD: CJ Malaba Will Suffer Legitimacy Deficit</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/11/ngo-challenges-attempt-to-extend-cj-malabas-tenure/">NGO Challenges Attempt To Extend CJ Malaba’s Tenure</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/02/13/luke-malaba-who-is-due-for-retirement-in-may-wants-constitution-amended-to-accommodate-him-report/">Luke Malaba Who Is Due For Retirement In May Wants The Constitution Amended To Accommodate Him – Report</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/lawyers-fume-after-malaba-sat-on-an-appeal-against-his-ruling/">Lawyers Fume After Malaba Sat On Appeal Against His Ruling</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2020/10/29/the-judiciary-is-not-captured-ziyambi-defends-malaba/">The Judiciary Is Not Captured – Ziyambi Defends Malaba</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law</a></li>
</ul>
The extension was challenged at the courts with those opposed to the move arguing that the extension was illegal as per the 2013 Constitution.
Malaba’s term of office was extended only days after <a href="https://news.pindula.co.zw/2021/05/07/mnangagwa-signs-constitutional-amendment-bill-no-2-into-law/">president Mnangagwa signed into law the Constitutional Amendment Bill No. 2</a> which among other things gives the president authority to make key judicial appointments.
<a href="https://news.pindula.co.zw/2021/04/30/prominent-lawyer-beatrice-mtetwa-speaks-on-constitutional-amendment-bill-no-2/">The Bill faced resistance from stakeholders</a> who viewed it as a slap in the face of democracy since the masses had voted for the 2013 Constitution.
They viewed it as a way to ensure that Mnangagwa extends Malaba’s term of office beyond the 15th of May 2021 when he was supposed to retire as he had reached 70 years.
More: <a href="https://news.pindula.co.zw">Pindula News</a>

ConCourt Sets Aside HC Ruling That Nullified Extension Of Malaba's Term

The Judicial Service Commission has announced the temporary closure of the Constitutional Court, Supreme Court and the Labour Court (Harare).
In a statement Thursday, the JSC said the courts will be closed from the 1st of July 2021 until Friday the 2nd of July 2021.
It said the temporary closures have been necessitated by positive cases of COVID-19 that have been recorded at these courts.
The closure is to allow for fumigation of the premises and testing of staff. The three courts will re-open on Monday 5 July 2021.
The JSC further advised litigants and legal practitioners who may want to file any papers at these courts to get in touch with the Registrar whose numbers will be displayed at the court houses.
Just over a week ago, the JSC closed seven courts across the country after some magistrates, prosecutors and ancillary staff have tested positive for COVID-19.
In a notice, JSC Secretary Walter Chikwanha confirmed the closure of seven courts after Covid-19 positive cases were detected.
The courts are Chinhoyi, Karoi, Kariba, Bindura, Mt Darwin, Mutare Magistrates Courts and the High Court seat in Mutare.
<h4>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h4>

Coronavirus: ConCourt, Supreme Court And Labour Court Shut Down

Acting Chief Justice Elizabeth Gwaunza on Thursday swore in the five judges of the Constitutional Court at a ceremony held at the Constitutional Court in Harare.
The new ConCourt judges are Justices Paddington Garwe, Rita Makarau, Anne-Mary Gowora, Ben Hlatshwayo and Bharat Patel.
Below are pictures from the swearing-in ceremony:
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16ARMBX0AI7uFt?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16ARMoWUAAjkrR?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16ARK5WEAIY88U?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16ARLlWQAMFW4e?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AKfKWEAUxnA-?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AKgJXIAAPRIz?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AKgsXEAw-quN?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AKhsXIAYq0vP?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AAxDWQAMGtHo?format=jpg&amp;name=4096x4096"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/E16AAxMWQAMAD2c?format=jpg&amp;name=4096x4096"/>

PICTURES: Constitutional Court Judges Swearing-in Ceremony

The government has denied that there is a constitutional crisis after the High Court nullified President Emmerson Mnangagwa’s extension of former Chief Justice Luke Malaba’s tenure by another five years.
High Court judges Justices Happias Zhou, Edith Mushore and Jester Charewa on Saturday granted an urgent application stopping Malaba from benefiting from the changes to the Constitution.
Speaking after the swearing-in of five judges of the Constitutional Court on Thursday, Justice, Legal and Parliamentary Affairs Secretary Virginia Mabiza asserted that there was no constitutional crisis. Said Mabiza:
<blockquote>What we see is not a constitutional crisis. Parties have brought their cases before the court and it is entirely up to the court, the institution to which matters have been brought, to make a decision on whether or not to preside. So there is no constitutional crisis at all. As you can see that the courts are functional.</blockquote>
Justices Paddington Garwe, Rita Makarau, Anne-Mary Gowora, Ben Hlatshwayo and Bharat Patel took their oaths of office before Acting Chief Justice Elizabeth Gwaunza at a ceremony held at the Constitutional Court.
<h4>More: <a href="https://www.herald.co.zw/no-constitutional-crisis-says-govt-courts-are-functional/" rel="noopener" target="_blank">The Herald</a></h4>

No Constitutional Crisis, Says Govt

The Acting Chief Justice Elizabeth Gwaunza has sworn in the five newly appointed Constitutional Court judges so that they can begin their mandate.
Justices Paddington Garwe, Rita Makarau, Anne-Mary Goora, Ben Hlatshwayo and Bharat Patel are now substantive judges of the Constitutional Court.
The five were appointed to the Constitutional Court bench by President Emmerson Mnangagwa from the list of nominees prepared by the Judicial Services Commission (JSC) following public interviews held in September last year.
Justice Happias Zhou, who reportedly came third during the interviews,  Justices Chinembiri Bhunu, Charles Hungwe, Smart Mirirai, Donald Stevenson Corke, David George Bartlett (Retired) and lawyer Arnold Tsunga were overlooked for the posts.
The need for Constitutional Court judges arose following the split of the Supreme Court and Constitutional Court benches in May last year in compliance with the Constitution, which provides for the separation of personnel manning the two courts.
The Chief Justice and Deputy Chief Justice sit on the Constitutional Court by right, but the other five judges are appointed as individuals from the pool of qualified and experienced candidates.
Zimbabwe currently does not have a substantive Chief Justice after the High Court on Saturday ruled that the extension of former Chief Justice Luke Malaba’s tenure by President Mnangagwa was unconstitutional.
Meanwhile, University of Kent law lecturer Alex Magaisa noted grey areas in the appointment of the Constitutional Court judges. <a href="https://twitter.com/Wamagaisa/status/1395042377945993217" rel="noopener" target="_blank">He wrote on Twitter:</a>
<blockquote>The letter announcing the appointment of judges to the Constitutional Court is odd &amp; vague so that it is not possible to determine the law under which they are being appointed. It says the President has “approved” the appointments “at the instance” of the Acting Chief Justice.
The letter is coming from the Judicial Service Commission. The “approval” bit is perplexing. It’s either the President appoints or he doesn’t. Whether before or after Amendment No. 2, he is the appointing authority. If they are acting judges, his approval is irrelevant.
True the judges take their oath before the Chief Justice but it is unclear whether they are being appointed under the old procedure when they were interviewed last September or as amended by Amendment No. 2. But does it make any difference to the contentious cases? None.
There is no difference because all the judges are parties in the proceedings concerning Amendment No.2. They are still conflicted and the fact that they are being sworn in doesn’t change their station. If you have a brown cow and you paint it black, it’s still the same cow!</blockquote>
<h4>More: <a href="https://www.herald.co.zw/constitutional-court-judges-sworn-in/" rel="noopener" target="_blank">The Herald</a></h4>

Five Constitutional Court Judges Sworn In

Exiled former cabinet minister Professor Jonathan Moyo last year raised alarm over a huge judicial scandal in the selection of the five judges to the Constitutional Court (ConCourt) bench.
Posting on Twitter on 13 October 2020 after the Judicial Service Commission (JSC) interviewed the 12 candidates, Moyo said President Emmerson Mnangagwa rejected High Court Justice Happias Zhou’s bid for the Constitutional Court despite him coming third out of five candidates in interviews.
Moyo’s claims and alarm have now been proven to have been correct. The judges that he said were going to be appointed were indeed appointed today; his whole list was correct, solidifying his revelation of an appointment scandal. <a href="https://twitter.com/ProfJNMoyo/status/1315936108732198912" rel="noopener" target="_blank">Here is what Moyo wrote:</a>
<blockquote>After Justice Happias Zhou came third in recent public interviews for ConCourt judges, Chief Justice Malaba has arm-twisted the interviewing panel to remove Zhou’s name from @JSCZim list of five judges recommended for ConCourt appointment!
Out of seven judges interviewed by the @JSCZim panel chaired by Chief Justice Malaba, five were nominated by Mnangagwa’s office: Justices Chinembiri Bhunu, Paddington Garwe, Annie-Marie Gowora, Ben Hlatshwayo &amp; Rita Makarau. Excluded were Justices Bharat Patel &amp; Happias Zhou!
The top three performers from the public interviews as scored by the @JSCZim interviewing panel were:
1. Justice Rita Makarau
2. Justice Paddington Garwe
3. Justice Happias Zhou
The ordering is per how they were ranked according to their performance!
The five judges recommended by @JSCZim for ConCourt appointment are:
1. Justice Rita Makarau
2. Justice Paddington Garwe
3. Justice Bharat Patel
4. Justice Ben Hlatshwayo
5. Justice Anne-Marie Gorowa
Missing is Justice Happias Zhou, who came a big third in the interviews!</blockquote>
Having come third, Justice Zhou was supposed to be automatically appointed to the ConCourt bench, but Mnangagwa overlooked him, in fact, he rejected him, for reasons that are not professional.
Last weekend, Justice Zhou ruled former Chief Justice Luke Malaba’s five-year extension term of office by Mnangagwa as CJ was invalid.

Jonathan Moyo Vindicated On ED's Preferred ConCourt Judges

President Emmerson Mnangagwa has appointed five judges of the Constitutional Court (ConCourt) and will be sworn in on Thursday.
The five justices are Paddington Garwe, Rita Makarau, Anne-Mary Goora, Ben Hlatshwayo and Bharat Patel.
They will take oath before the Acting Chief Justice Elizabeth Gwaunza.
Before their appointment, the five were all acting judges of the Constitutional Court.
They were among the 12 candidates that participated in the public interviews conducted in September last year.
Mnangagwa however snubbed appointing High Court judge, Justice Happias Zhou to the ConCourt.
Justice Zhou came third after Justice Rita Makarau and Justice Paddington Garwe in last year’s public interviews for the ConCourt bench appointments.
On Saturday, Justice Zhou ruled former Chief Justice Luke Malaba’s five-year extension term of office by Mnangagwa as CJ was invalid.
Speaking in the aftermath of the ruling, Justice Minister Ziyambi Ziyambi rebuked Zhou, warning that the government was “going to poke the enemy in the eye and confront it”.

President Mnangagwa Appoints Constitutional Court Judges

The High Court has granted Harare Mayor, Jacob Mafume, time to get a medical examination, MDC Alliance Vice President Tendai Biti said.
Mafume had returned to court this Friday to hear the outcome of his application for referral to the Constitutional Court and the technical points raised by his lawyers Thursday.
Judgment in his bail appeal was reserved on 29 December and was yet to be delivered. Posting on Twitter, Biti who is also a former Minister of Finance said:
<blockquote>Spare a thought for Jacob Mafume. He is extremely unwell. A court had granted him time to get a medical examination. We pray for the best.</blockquote>
He is accused of criminal abuse of office after he allegedly allocated stands to his sister and his law firm’s secretary without following proper council procedures.
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<div>MDC Alliance claims the charges are politically motivated adding that he is being persecuted for exposing the capture of local governments by the central government.</div>
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<div>More: <a href="https://twitter.com/BitiTendai/status/1347482843052711936" rel="noopener noreferrer" target="_blank">Tendai Biti Twitter</a></div>
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"Unwell" Mafume Granted Time For A Medical Examination

The Constitutional Court of Zimbabwe will on 28 December 2020 hand down its ruling on an application filed by an aggrieved parent who doesn’t want his children to recite the National Pledge at school as directed by the Ministry of Primary and Secondary Education.
In 2016, Mathew Sogolani challenged the government’s move to force all school children to recite a National Pledge which he alleged violates children’s rights.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), the contentious National Pledge was introduced by the government in May 2016 to be recited by all pupils enrolled in Zimbabwe’s primary and secondary schools.
Sologani challenged the constitutionality of the National Pledge arguing that it violates his children and his own constitutional rights.
In his application filed by David Hofisi, who was a lawyer with ZLHR then, Sogolani, whose three minor children were enrolled in infant, primary and secondary schools respectively, argued that forcing children to recite the pledge’s contents run contrary to the family’s religious beliefs.
Sogolani, a member of the Apostolic Faith Mission (AFM) church, wants the Constitutional Court to suspend the requirement that schoolchildren recite the pledge.
– Zimbabwe Lawyers for Human Rights – 
The National Pledge reads as follows:
Almighty God, in whose hands our future lies, I salute the national flag.
United in our diversity by our common desire for freedom, justice and equality.
Respecting the brave fathers and mothers who lost lives in the Chimurenga/Umvukela and national liberation struggles.
We are proud inheritors of our national resources.
We are proud creators of and participants in our vibrant traditions and cultures.
We commit honesty and the dignity of hard work.

Constitutional Court To Deliver Ruling On 'National Pledge' Challenge On 28 December

The Judicial Services Commission (JSC) on Monday held public interviews to select a panel of local judges who will make up the country’s Constitutional Court bench.
After the interviews have been completed, the Commission must prepare a list of its nominees for submission to President Emmerson Mnangagwa.
Eight judges were interviewed, namely Justices Energy Chinembiri Bhunu, Paddington Shadreck Garwe, Anne Mary Gowora, Ben Hlatshwayo, Rita Tambudzai Makarau, Smart Mirirai, Bharat Patel and Happias Zhou.
The interviewing panel was panel presided over by the Chief Justice Luke Malaba.
The national constitution obliges the President to make his appointments from the list submitted to him after the interviews.
However, in the event that he considers that there are not enough suitable candidates to fill the five vacancies, he can ask the JSC for a further list which will then be binding on him.
United Kingdom-based constitutional law lecturer Alex Magaisa said the panel was evidently biased in some of the questions addressed towards a certain judge. Said Magaisa:
<blockquote>The institutional bias of the Judicial Services Commission was evident in the line of questioning. The JSC panel asked Justice Anne Mary Gowora for her views on abortion. None of the 3 male candidates was asked that question. What else explains the selective questioning on this moral and ethical issue?</blockquote>
Justice Gowora reportedly struggled through the interview as she said she did not understand the meaning of Constitutional Order.
She also said she was not computer literate enough to find online judicial seminars to upgrade her curriculum vitae.
<h4>More: <a href="https://www.newzimbabwe.com/judge-seeking-concourt-upgrade-admits-not-computer-literate/" rel="noopener noreferrer" target="_blank">NewZimbabwe.com</a></h4>

JSC Conducts Interviews For Constitutional Court Bench

A former Zimbabwe High Court judge, David Bartlett (67), now based in the United Kingdom, has withdrawn his application to join the Constitutional Court bench due to a rise in human rights abuses under President Emmerson Mnangagwa’s government.
Bartlett’s name had been shortlisted by the Judicial Services Commission (JSC) and he was set to face public interviews along with other candidates, with Mnangagwa picking Constitutional Court judges from the interview results.
However, following egregious human rights violations and a crackdown on dissent over the past weeks, Justice Bartlett had a rethink of his decision to apply to be considered for appointment to the Constitutional Court bench.
Bartlett quit the bench in 2002 during the time the late former President Robert Mugabe was in charge.
In 2001, four judges, mainly white, quit the bench, while a fifth, Chief Justice Anthony Gubbay was forced to retire.
Under Gubbay, the Supreme Court had ruled that the state-sanctioned confiscation of white-owned farms under the Fast Track Land Resettlement Programme was illegal.
<h4>More: <a href="https://nehandaradio.com/2020/09/28/former-judge-withdraws-application-after-spate-of-abuses/" rel="noopener noreferrer" target="_blank">Nehanda Radio</a></h4>

Former Judge Withdraws Application For Constitutional Court Job

The Judicial Service Commission (JSC) has postponed public interviews to select candidates for appointment as Judges of the Constitutional Court which were set for the 7th and 8th of September to the 28th and 29th of September 2020.
In a statement, the JSC said the postponement is to ensure compliance with the coronavirus regulations and the need to put in place technical systems that will allow shortlisted candidates who are currently out of the country to take part in the interviews. The statement read:
<blockquote>The Judicial Service Commission wishes to advise members of the public and stakeholders that the interviews to select candidates for appointment as Judges of the Constitutional Court which were scheduled for the 7th and 8th of September 2020 have been postponed to the 28th and 29th of September 2020.
The reason for the postponement is to ensure compliance with the Covid-19 Regulations during the interviews as well as the need to put in place the necessary technical systems to accommodate candidates who are currently residing outside Zimbabwe and have failed to travel for the interviews due to the Covid-19 restrictions on cross-border travel.
Any inconvenience caused is sincerely regretted.
Judicial Service Commission</blockquote>

JSC Postpones Public Interviews For Constitutional Court Judges

Justice Minister Ziyambi Ziyambi has dismissed a social notion that the Zimbabwe Judicial System is captured, New Zimbabwe reports.
Ziyambi was speaking at the ceremony marking the separation of operations of the Supreme Court and the Constitutional Court in Harare when he said:
<blockquote>…To seek to cast aspersions on the judiciary and accusing the courts of lacking independence on the basis of a few cases where the courts have ruled in favour of government is in government’s view preposterous.
To suggest that government must lose every case in which it is a party is equally outrageous, to further accuse the courts of being captured because you have lost a case, but coy when you have won, is simply being disingenuous.
That perverted understanding of judiciary independence must never be allowed because if it were there would be no need for courts to adjudicate in disputes involving government.</blockquote>
Ziyambi this week headlined for saying ZRP was more concerned in investigating the <a href="https://news.pindula.co.zw/2020/05/22/ziyambi-indirectly-confirms-zrp-is-not-investigating-the-mdc-alliance-activists-abduction-torture/">illegal demo that occurred last week Wednesday in Warren Park at which 3 MDC Activists were abducted soon after the demo</a>.
More: <a href="https://www.newzimbabwe.com/judiciary-not-captured-by-the-state-ziyambi/">New Zimbabwe</a>

Zimbabwe's Judiciary System is Not Captured By The State - Ziyambi

Zimbabwe has separated the Constitutional Court and Supreme Court in line with the dictates of the “new” Constitution passed in 2013.
In the past, chosen judges of the Supreme Court had the dual role of serving as Constitutional Court judges whenever issues arose yet, the 2013 Constitution demands that operations of the two institutions be independent of each other.
The separation ceremony was held this Friday and presided over by Chief Justice Luke Malaba. He said:
<blockquote>With effect from 22 May 2020, the Constitutional Court will by operation of the law be constituted by judges separate from judges of the Supreme Court.
From today (Friday), the Constitutional Court will operate separately from the Supreme Court, with judges specifically appointed to be Constitutional Court judges, dedicated to the development of the country’s constitutional law jurisprudence.</blockquote>
Before the separation, the Supreme Court consisted of the Chief Justice, Deputy Chief Justice and 13 other judges. Malaba added:
<blockquote>The Constitutional Court is the only tribunal with the power to nullify an unconstitutional law or conduct of the President or Parliament.
The other courts with concurrent jurisdiction on constitutional matters may declare the law, or conduct of the President or Parliament unconstitutional but cannot nullify it.
Any order of constitutional invalidity has no force or effect until it is confirmed by the Constitutional Court. The court has final jurisdiction on whether an Act of Parliament or conduct of the President is unconstitutional.</blockquote>
<h4>More: <a href="http://newziana.co.zw/2020/05/22/zimbabwe-separates-constitutional-supreme-courts/" rel="noopener noreferrer" target="_blank">NewZiana</a></h4>

Constitutional Court And Supreme Court Officially Separated

Malawi Court has ruled that the approach that was taken by the Zimbabwe Constitutional Court in the 2018 Presidential election challenge case was not a good one.
The Zimbabwean Constitutional Court ruled in favour of President Emmerson Mnangagwa and the ruling ZANU PF observing that the opposition MDC had failed to prove that ZANU PF had connived with the Zimbabwe Electoral Commission to manipulate results in favour of Mnangagwa.
Malawi is saying that approach is a bad approach. It observed: 

<blockquote>This Court is alive to the fact that it is rare that elections are set aside on light or trivial grounds considering what goes on in the preparation for elections. (See Col (Rtd) Kizza Besigye v Yoweri Museveni and Electoral Commission 2001 Election Petition No. 1 of 2001 (Supreme Court of Uganda). Accordingly, this led the courts to develop a legal philosophy that even if there is non-compliance as long as results are not affected that results of the election will not be annulled. (See. The Zimbabwean case of Chamisa v Mnangagwa and 24 Others (CCZ 42/18) [2018] ZWCC (24 August 2018). That philosophy suggests that whatever serious electoral irregularities may have been committed, and an election will be allowed to stand as long as the petitioners do not demonstrate that the non-compliance or irregularities affect the number of votes in the election. This is the quantitative approach to resolving electoral disputes in the courts.
The Zimbabwe case of Chamisa v Mnangagwa and 24 Others (supra) seems to suggest that as a general rule an election will not be annulled if a breach of the law did not affect the election result. We have doubts that this would be a good approach, particularly where serious breach of the law is involved. What if the numbers themselves are as a result of an inaccurate counting, intimidation, fraud or corruption? Surely, for an election to be truly free, fair and credible it must be conducted in full compliance with the constitution and applicable electoral laws.</blockquote>
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Malawi Court Condemns Zim ConCourt Ruling On The 2018 Presidential Election Case

<blockquote>The Constitution originally provided that whenever there was a vacancy in any judicial post, the <a href="https://www.pindula.co.zw/Judicial_Service_Commission" rel="noopener noreferrer" target="_blank">Judicial Service Commission [JSC]</a> had to advertise the vacancy, conduct public interviews of all candidates and submit the names of the three most suitable ones to the President.
If the President declined to appoint any of the three, the JSC had to repeat the process and the President was then obliged to appoint one of the candidates in the next list submitted to him.
In 2017, this was changed. The Chief Justice, the Deputy Chief Justice and the Judge President of the High Court were to be appointed by the president after consultation with the JSC. There was no longer a need for public interviews.
The new amendment will further strengthen the president’s powers to appoint judges by allowing the President to promote a sitting judge to a higher court such as the High Court or the Supreme Court and without the JSC having to interview other possible candidates for the post.
The Constitution provides a period of service for judges of 15 yrs or retirement at an age of 70 – whichever is first. This provision assures judges a long &amp; fixed term of office so long as they uphold the law impartially. They can’t be dismissed however unpopular their decisions.
In contrast, the new amendment allows judges to extend their terms one year at a time for an extra 5 years, as long as the president is satisfied that they are fit to continue. This means judges who want to extend their term, are at the mercy &amp; favour of the president.
Currently, the Supreme Court &amp; the <a href="https://www.pindula.co.zw/Constitutional_Court_of_Zimbabwe" rel="noopener noreferrer" target="_blank">Constitutional Court</a> are the same. This arrangement ends on 22 May 2020, when the Con. Court will separate and stand on its own, with its own judges. This separation means 5 vacant positions &amp; the amendments allows ED to appoint these judges.
These amendments undermine judicial independence, accountability to the public &amp; transparency in appointing judges, as well as the separation of powers. The president can appoint judges who may not be qualified, or who might rule in favour of the president if the need arises.
Allowing the president to appoint judges is tantamount to the president ruling on cases himself. This causes an obvious conflict of interest when the case involves the government or the president, such as we’ve seen in 2018’s disputed elections.</blockquote>
<h4>More:<a href="https://twitter.com/PacheduZW/status/1238067075505160192" rel="noopener noreferrer" target="_blank">@PacheduZW</a></h4>

FULL THREAD: Constitutional Amendments Will Undermine Judicial Independence - Team Pachedu

Lawyers have approached the <a href="https://www.pindula.co.zw/Supreme_Court_of_Zimbabwe">supreme court</a> for leave to appeal a decision by the court in January 2020 which <a href="https://news.pindula.co.zw/2020/01/21/full-text-supreme-court-judgment-on-debts-incurred-before-22nd-feb-2019/">authorised the conversion of US Dollar debt to Zimbabwe Dollar debts using the 1:1 rate</a>, Zimlive reports.
According to the publication, the judgement by Justice Malaba sitting with Justice Matonsi and Justice Mavangira:
<blockquote>constitutes a negation of the law and represents on the part of the court an abdication of constitutional function.</blockquote>
Lawyers representing NR Barber a company that was affected by the ruling said there were limits to what the court could do. In their founding affidavit seeking for leave to appeal for the 20 January ruling, the lawyers said:
<blockquote>The authorities do not by our law have the right to re-cast such realities and to create fiction which they foist upon real people and real transactions. There is a limit beyond which a lawmaker can go, and such limit is inter alia encapsulated in section 117(2)(b) of the constitution.
To the extent that there is a chance that the Supreme Court might have violated the constitution in dealing with this matter, it is in the interests of justice that nine judges of the<a href="https://www.pindula.co.zw/Constitutional_Court_of_Zimbabwe"> Constitutional Court</a> pronounce themselves on the validity of the exercise by the Supreme Court of its functions.</blockquote>
More: <a href="https://www.zimlive.com/2020/02/08/lawyers-challenge-conversion-of-us-dollar-debts-to-zimbabwe-dollar/">Zimlive</a>

Lawyers Challenge Malaba's Conversion Of US Dollar Debts To Zimbabwe Dollars Ruling

An opinionist writing for The Herald said the election results challenge in Malawi was backed by concrete evidence hence the court’s decision to nullify the results unlike in Zimbabwe where the election petition results were not backed by election residue.
In the lengthy piece the opinionist opined:
<blockquote>In Africa, there is a popular saying that one must never cry more than the bereaved. The reverse holds true: Never celebrate more than the victor.
Malawi’s opposition candidates Saulos Chilima and Lazarus Chakwera, who on Monday successfully challenged Malawi’s presidential election results at the constitutional court, have nothing on the excitement being exhibited by Zimbabwean opposition leaders.
In a landmark ruling, Malawi’s constitutional court nullified the presidential election of May 21 last year and ruled that President Arthur Peter Mutharika was “unduly” elected to serve a second term.
Justice Healey Potani, who delivered the judgment, said: “We hold that first respondent (Peter Mutharika) was not duly elected as President of Malawi. As a result, we hereby order nullification of the elections. We further order that a fresh election be held in accordance with the law and pursuant to directions we will make.”
The unanimous decision by all five judges of Malawi’s apex court that fresh elections be held within 150 days, is only the second time in Africa’s history that a judicial intervention has overturned an incumbent’s election victory.
The first was in Kenya in 2017.
An attempt to have the apex court nullify the 2018 presidential election result in Zimbabwe was futile and those who sponsored the challenge have from Monday been celebrating more than the Malawian victors.
There is a sinister attempt to liken the two constitutional court challenges with the underlying claim being that Malawi’s “sober” judges would have found merit in MDC-Alliance leader Mr Nelson Chamisa’s arguments.
Said Mr Chamisa in the first of a series of Tweets: “I wish to congratulate the people of Malawi on the historic verdict of their judiciary which has shown courage to nullify the rigged election. I commend their institutions, including the judiciary &amp; security services, which have stood firm in defence of the Constitution.”
Well, we don’t mean to spoil the party, but the truth of the matter is that the two cases are different.
For example, the Malawi court observed the widespread use of a correction fluid, Tippex, on the return ballots as a strong indication that the results were flawed.
The 500-page ruling also cited the widespread use of duplicate result sheets and unsigned results forms as cases that compromised the outcome of the elections.
“In every election there will be irregularities but in the present matter, it has been our finding that the irregularities were so widespread, systematic and grave that the results of the elections have been compromised and (cannot) be trusted as reflection of the votes,” said Judge President Potani.
In Mr Chamisa’s case, the Constitutional Court (Concourt) ruled that he failed to provide satisfactory evidence that the Zimbabwe Electoral Commission (ZEC) manipulated the 2018 presidential election result in favour of President Mnangagwa.
In its initial abridged ruling, read by Chief Justice Luke Malaba on August 24, 2018, the full nine-member Concourt bench dismissed Mr Chamisa’s petition on the basis that his argument lacked the backing of requisite electoral residue in the form of presidential           constituency return V23B and V11 forms.
The V23B and V11 forms are used to record the data at a polling station after the votes have been counted.
In a full judgment delivered last year, the bench maintained its initial stance, saying Mr Chamisa “made several generalised allegations of irregularities against the commission” and therefore found no merit in his case.
Mr Chamisa’s decision not to use electoral residue was probably informed by the fact that the V23B and V11 forms would not prove his case.
In Malawi, however, electoral residue did all the talking, and not the lawyers.
In a clear show of lack of confidence in his challenge, Mr Chamisa, who initially wanted the court to declare him winner, later altered his plea and sought to compel the apex court to annul the result and order a presidential election run-off.
He argued that he garnered 2 674 032, while President Mnangagwa got 2 008 639 of the vote, but did not even bother to bring the electoral residue to court to prove these claims.
It must be understood that just like their Zimbabwean counterparts, the five judges of Malawi’s apex court cannot work with what they do not have, what has not been brought before the court.
For a case of that magnitude to stick, the evidence has to exist first. And unfortunately for Mr Chamisa, in his case, the evidence only existed in his mind.</blockquote>
Source: <a href="https://www.herald.co.zw/editorial-comment-unlike-here-electoral-residue-did-all-the-talking-in-malawi/">The Herald</a>

OPINION: Unlike Here, Electoral Residue Did All The Talking In Malawi

<div dir="auto" lang="en">Chief Justice, Luke Malaba is expected to give a keynote address at the official opening of the 2020 Legal Year ceremony scheduled to be held at the Constitutional Court in Harare today.</div>
<div dir="auto" lang="en"><a data-focusable="true" dir="ltr" href="https://mobile.twitter.com/StarfmZimbabwe" role="link">@StarfmZimbabwe</a>, a local and State-run Radio Station reports that the Anti-Corruption drive will be the main topic on the agenda. 
</div>
<div dir="auto" lang="en">Following the official opening of the 2019 Legal Year by Malaba, the Law Society called upon all its members and stakeholders in the justice delivery system to reaffirm their commitment to the rule of law.</div>
<div dir="auto" lang="en">This was amid accusation by critics in some quotas that the judicial system had been captured by political elites who use it as their appendage to score political goals.</div>
<div dir="auto" lang="en">More: <a href="https://mobile.twitter.com/StarFMNews/status/1216623286743896070">StarFM</a></div>

Anti-Corruption Drive To Top Agenda As CJ Luke Malaba Officially Opens 2020 Legal Year

MDC T Vice president, <a href="https://www.pindula.co.zw/Obert_Gutu">Obert Gutu</a> has tweeted macking people who are celebrating the con-court dismissing Khupe’s case where she is seeking damages from parly for unconstitutionally booting her out of parly after she was expelled from the MDC after <a href="https://www.pindula.co.zw/Morgan_Tsvangirai">Tsvangirai</a>‘s death.
Gutu Tweeted:
<blockquote>I realize some ill-informed &amp; ignorant folks are celebrating the ConCourt judgment that was handed down today in a matter involving MDC-T President <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-1qd0xha r-ad9z0x r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/DrThoko_Khupe" role="link">@DrThoko_Khupe </a>Well, well, well, they think the storm is over… Lol. This is the calm before the REAL storm! <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1n1174f r-1loqt21 r-1qd0xha r-ad9z0x r-bcqeeo r-qvutc0" data-focusable="true" dir="ltr" href="https://twitter.com/hashtag/VivaZimbabwe?src=hashtag_click" role="link">#VivaZimbabwe</a></blockquote>
Khupe’s case fell apart today in the afternoon after the <a href="https://www.pindula.co.zw/Constitutional_Court_of_Zimbabwe">constitutional court</a> bench dismissed her case against the parliament of Zimbabwe.
Source: Twitter

This Is The Calm Before The Real Storm - Obert Gutu Mock People Celebrating Khupe's Con-Court Defeat

The MDC T president <a href="https://www.pindula.co.zw/Thokozani_Khupe">Thokozani Khupe</a>‘s case against the parliament Of was on Wednesday thrown out by the <a href="https://www.pindula.co.zw/Constitutional_Court">constitutional court</a> bench ZimLive reports.
Khupe was challenging Chamisa’s decision to expel her from the party which resulted in her being booted out of parliament by <a href="https://www.pindula.co.zw/Jacob_Mudenda">Jacob Mudenda</a>.
According to the publication:
<blockquote>…on Wednesday, a full ConCourt bench chaired by Justice Luke Malaba dismissed her application without giving further reasons.
“The application is hereby dismissed with no order as to costs,” Malaba said</blockquote>
Khupe’s lawyer <a href="https://www.pindula.co.zw/Lovemore_Madhuku">Lovemore Madhuku</a> said Khupe is considering suing for damages if she can prove that she was unconstitutionally expelled.
More: <a href="https://www.zimlive.com/2019/11/06/khupe-suffers-concourt-blow-after-bid-to-be-compensated-for-mdc-sacking-fails/">ZimLive</a>

Khupe Loses Con-Court Damages Case Against The Parliament

Justice <a href="https://www.pindula.co.zw/Luke_Malaba" rel="noopener noreferrer" target="_blank">Luke Malaba</a> CJ said that Zimbabwe’s judiciary is independent and not subject to influence from anyone.
Malaba made the remarks while speaking at the inaugural Herbert Chitepo Memorial lecture at the <a href="https://www.pindula.co.zw/Great_Zimbabwe" rel="noopener noreferrer" target="_blank">Great Zimbabwe University’s</a> Herbert Chitepo Law School on Friday. He said:
<blockquote>We will be useless if we are not independent. Independence is a responsibility which is a big responsibility to ensure that the law is the master.</blockquote>
Malaba asserted that the country observes the rule of law as there is a clear separation of powers.
He added that the <a href="https://www.pindula.co.zw/Constitutional_Court_of_Zimbabwe" rel="noopener noreferrer" target="_blank">Constitutional Court</a> and other courts always strive to maintain the rule of law and to promote and fulfil the fundamentals of human rights and freedom.
<h4>More: <a href="https://www.thestandard.co.zw/2019/10/13/no-judicial-capture-justice-malaba/" rel="noopener noreferrer" target="_blank">The Standard</a></h4>

Zimbabwe Observes The Rule Of Law - Justice Malaba

India’s ambassador to Zimbabwe, Rungsung Masakui has urged the opposition MDC party to respect the 2018 Constitutional Court ruling which upheld President Emmerson Mnangagwa’s victory in the election.
MDC president Nelson Chamisa rejected the Court’s ruling even though he was the one who brought the case before it.
In an interview with The Sunday Mail reporter, Sharon Munjenjema, Masakui said:
<blockquote>I find it [the political situation in Zimbabwe] very polarised. Political rivals are not enemies. If the ruling party and opposition party consider themselves enemies, that is a clear sign of going in the wrong direction. In India we just had elections.
The kind of words exchanged during debates was very intense, but once the elections are over, that’s it. The opposition party candidate lost and he accepted it and congratulated the incoming president.
Even before the election commission announced the results, he noticed and congratulated the winning party. But here it is totally different.
Yes, all political parties have the right to contest the results in a court of law, and this was done.</blockquote>
The Indian diplomat expressed dismay over the opposition MDC’s hypocrisy in rejecting the Presidential election result while accepting parliamentary and local authority elections. He added:
<blockquote>There is a provision in the constitution outlining how to address that dissatisfaction of the results and it was done.
But after going to the Constitutional Court, the court made its ruling in the full view of a global audience following the proceedings.
When the court makes its ruling, why can’t they just respect that? It is unthinkable that after the court makes a final ruling, the opposition party continues to fight the legitimacy issue again and again, yet they have accepted to work in Parliament.</blockquote>
<h4>More: <a href="https://www.sundaymail.co.zw/political-rivalry-shouldnt-translate-into-animosity">The Sunday Mail</a></h4>

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