Former deputy Prime Minister of Zimbabwe, Professor Arthur Mutambara has dismissed the passing of Constitutional Amendment Bill number 1 as a legal nullity and a violation of constitutionalism.
Amendment Bill number 1 which gives President Mnangagwa unfettered powers to directly appoint the Chief Justice, Deputy Chief Justice and Judge President sailed through Senate on April 6, 2021 and now awaits Presidential assent before it becomes law.
Speaking during a public dialogue on the implications of Constitutional Amendment Number 2, Mutambara said it was passed using a non-existent Bill.
“Amendment number 1 was passed illegally, the Bill failed to garner two thirds majority in the senate in 2017 and was sent back by the courts and was illegally passed in the Senate on the 6th of April 2021. The Bill had lapsed when Parliament was dissolved so what we have done in Zimbabwe is we have passed a non-existent Bill creating a legal nullity, this is a violation of constitutionality, constitutionalism passing a non-existent Bill,” said Prof Mutambara.
He said the running mate provision which will be removed by the passing of Amendment Bill Number 2 enabled a clear and defined succession plan where people are involved.
“To avoid the weak and disposable Vice Presidents, the way Robert Mugabe used Joyce Mujuru and dumped her, the way Tsvangirai used Khupe and dumped her. We don’t want that. If someone is for vice president they must be your running mate.
“There must be a clear and well defined succession, this is the motivation behind a running mate. When you have a running mate the people are involved in succession, the people are involved in voting for your successor, the Vice Presidency becomes an election issue,” he said.
Mutambara said Mnangagwa is opposed to the running mate clause because he wants to have unrestrained power.
“They prefer an unelectable Vice President, they prefer a weak vice president they can get rid of, they want to have personal unbridled power, they want to manage factions in their own party, they want to undermine their rivals.
“They want to solely control succession in their party not only Zanu PF loves this one other political parties in Zimbabwe do not want a running mate. They want to be able to control succession, they want to succeed themselves. An elected Chiwenga would be a stronger rival and would be guaranteed of succession in Zanu PF may be the President of the country.
“No, no we don’t want that Zanu PF succession plan must be left to ED and his clansmen that’s why they want to remove the running mate. It’s not good for Zanu PF, Chiwenga and the country but it’s good for Mnangagwa and his surrogates and his psychopathy that’s why they are removing the running mate,” added Mutambara.
