Biti Sues ED, Parly Over Breach of Constitution
Zimbabwe Lawyers for Human Rights (ZLHR) founding lawyer, Tendai Biti has filed an application with the Constitutional Court against breach of the Constitution by the Parliament of Zimbabwe and President Emmerson Mnangagwa.
Biti argues that the passage of Constitutional Amendment Bill number 1 was in breach of Section 147 of the Constitution as the Bill had lapsed in 2018.
Posting on Twitter, the Zimbabwe Lawyers for Human Rights said Biti is seeking the Con Court to set aside the passage of the Bill in Parliament.
“In the application, Biti representing Hon. Innocent Gonese wants Con Court to set aside the passage in Parliament on 4 May 2021 of Constitutional Amendment Bill (No. 1) of 2017 on the basis that the Bill had lapsed in July 2018 and therefore its passage was in breach of Section 147 of the Constitution. Biti also wants the actions of Parliament in passing Constitutional Amendment Bill (No.1) of 2017 to be declared to be in breach of provisions of section 147 of Constitution
“He also wants the Con Court to declare the actions of President Mnangagwa in assenting to Constitutional Amendment Bill (No.1) of 2017 to be in breach of section 147 of the Constitution. Biti also wants Constitutional Amendment Bill (No.1) of 2017 to be set aside.
“He also wants the judgment of the Con Court in the case of Innocent Gonese & Jessie Majome v Speaker of Parliament and Others CCZ4/2020 directing that the part of the disposition of the Con Court directing Senate to pass Constitutional Amendment Bill (No.1) within 180 days from declaration of the invalidity to be declared to be a nullity & in breach of section 147 of the Constitution.” said ZLHR.
Recently, President Mnangagwa signed into law Constitution Amendment Bill No 1, which among other things will give the president the sole power to appoint the chief justice, deputy chief justice and judge president of the High Court.