Mugabe taken to court over Presidential Powers Act
Businessman Fredrick Mtandah of Fedex Financial Services, has filed an urgent chamber application at the High Court arguing that President Mugabe’s powers are invalid under the new Constitution which was adopted in 2013.
Mtandah submitted:
I submit that the Presidential Powers Act, in its entirety, is unconstitutional and requires to be struck down.
FeedbackI respectfully suggest that even if it could be held that the Presidential Powers Act remains consistent with our new Constitution, that the President has acted ultra vires the provisions of Section 2(1) of the Presidential Powers Act.
That section envisages notice being given to the public and for representations by interested persons to be invited … The RBZ (Reserve Bank of Zimbabwe)had given notice of its intention to introduce bond notes as far back as May 2016. I submit, therefore, that there was ample time for these regulations to be made in the fashion envisaged by the Presidential Powers Act and in particular for notice to be given to the public and for representations to be invited.
Failure to comply with section 3 is fatal and I submit it renders SI 133/16 a nullity.
Even if the Presidential Powers Act was constitutional – which is denied – I submit that it is designed for use by the President to make regulations to deal with situations that are so urgent that it is ‘inexpedient’ to wait for Parliament to pass an Act.
There was ample time for the bond notes to be mooted in a Bill amending the RBZ Act. The fact that there was no attempt to do so for well over six months and has only been resorted to now, is a clear abuse of power and authority provided by the Presidential Powers Act.
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