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Chief Justice Luke Malaba has called for free and fair elections as the country heads for general elections scheduled for later this year.
Malaba made the call while addressing more than 200 magistrates and other stakeholders who are attending the first-ever Magistrates’ National Conference in Victoria Falls on Friday, 31 March.
He said magistrates are the protectors and the guardians of electoral freedom, fairness and human life and property. <a href="https://www.chronicle.co.zw/chief-justice-malaba-calls-for-free-and-fair-elections/">The Chronicle </a>quoted Malaba as saying:
<blockquote>
The purpose of designating magistrates with specific roles in electoral adjudication is to designate them as the protectors and guardians of electoral freedom, fairness and human life and property.
This purpose places an obligation on magistrates designated to participate in the implementation of electoral law to have an understanding of their roles and to fulfill them.
An election is a means of democratic participation enabling the aspirations of the nation to be openly presented without fear of electoral injustice, thus facilitating the assembly of these aspirations into a mutually beneficial national goal.
</blockquote>
Malaba also said immediately after an election is called, the Commissioner-General of Police, shall establish one or more special police units to investigate cases of politically-motivated violence and intimidation arising from the election.
He said the Judicial Service Commission (JSC) shall designate one or more magistrates in each province to try cases involving politically–motivated violence and intimidation.
Section 67 of the Constitution provides that every Zimbabwean citizen has the right to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; to make political choices freely, to form, to join and to participate in the activities of a political party or organisation of their choice, campaign freely and peacefully for a political party or cause, participate in peaceful political activity individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause, subject to the Constitution.
More: <a href="https://www.newsday.co.zw/local-news/article/200009522/ed-demands-re-run-in-violence-hotspots">Pindula News</a>

Pindula News

Magistrates Are Guardians Of Electoral Freedoms - CJ Malaba

Zimbabwe Human Rights NGO seeks prison sentence for former CJ Malaba for contempt of court
The Zimbabwe Human Rights NGO Forum’s Executive Director, Dr Musa Kika, on 25 May 2021 filed an urgent court application seeking the committal of former Chief Justice (CJ) Luke Malaba to Chikurubi Prison for a period of 6 months for defying a High Court order issued by Justices Zhou, Mushore and Charehwa on 15 May 2021.
Kika, who was the applicant in the matter which was joined with another application filed by the Young Lawyers Association, secured a declaratory order in terms of which the High Court declared that Malaba’s tenure as a judge and Chief Justice of Zimbabwe had come to an end at 00:00hrs on the 15th of May 2021. However, in complete defiance of this order, the former CJ presented himself at his office on 24 May 2021.
The Judicial Service Commission (JSC) Secretary, Walter Chikwanha, was quoted in The Herald newspaper of 25 May 2021 as having confirmed the return of Malaba because of an appeal that the JSC noted.
Kika however submits in his founding affidavit that the JSC’s view that the appeal has suspended the operation of the judgment of the High Court is incorrect as the judgment of the court is a declaratur and is for that reason not suspended by the noting of an appeal.
He further stated that as a jurist of distinction, Malaba is aware of this position but has simply decided to be in contempt of court.
Kika seeks to have the prison term suspended on the grounds that Malaba shall forthwith cease and desist from exercising the functions of CJ either in a judicial or administrative capacity.
Kika is also seeking to have an order that the record of these proceedings be placed before the Law Society’s Disciplinary and Ethics Committee for it to take any action that it may find advisable and appropriate, considering the circumstances of the matter.
<hr/>
<h3>Zimbabwe Human Rights NGO Forum</h3>

Kika Seeks Prison Term For Luke Malaba For Contempt Of Court

ZANU PF national spokesperson Simon Khaya Moyo said that the party cannot decide whether underfire Ziyambi Ziyambi continues as the justice minister.
Moyo said the party does not appoint cabinet ministers as that is the prerogative of President Emmerson Mnangagwa.
He was responding to media questions on the ruling party’s position regarding last week’s aggressive statements issued by an incensed Ziyambi against the judiciary. Said Moyo:
<blockquote>ZANU PF does not appoint ministers. It’s a prerogative of the President and, therefore, I am speaking generally that people must refrain from indulging in matters that they may not be very familiar with.
We as a party are bound by that call. We are not going to be commenting on matters that are sub judice. So everybody is bound by that.
So when it comes to the ministers, they are appointed by the President. It’s his prerogative to act in a manner that he feels.</blockquote>
Moyo said the ruling party commends Mnangagwa for reasserting the independence of the judiciary following Ziyambi’s weekend outburst. He said:
<blockquote>On the independence of the judiciary, we salute President ED Mnangagwa for his acknowledgement of and reassertion that the independence of the judiciary should never be tampered with even if people may respectively disagree with the judgments by the bench.</blockquote>
Ziyambi accused High Court judges of working for hostile governments and opposition political parties after they ruled the extension of former Chief Justice Luke Malaba’s term of office by another five years was unconstitutional.
A three-judge panel of the High Court Justices Happias Zhou, Edith Mushore and Jester Charewa on Saturday granted an urgent application stopping Malaba from benefiting from the changes to the Constitution.
The application was urgent as he turned 70 on Saturday and had opted to continue in office.
<h4>More: <a href="https://www.newzimbabwe.com/zanu-pf-has-no-mandate-to-determine-ziyambis-fate/" rel="noopener" target="_blank">NewZimbabwe.com</a></h4>

ZANU PF Speaks On Ziyambi's Fate After Weekend Outburst

President Emmerson Mnangagwa is reportedly in a quandary over who to appoint the new chief justice (CJ), amid indications that the recently retired Luke Malaba could ditch the fight to extend his tenure by five years.
Mnangagwa extended Malaba’s tenure by another 5 years early this month but High Court judges Justices Happias Zhou, Edith Mushore and Jester Helena Charewa ruled that Malaba had ceased to be chief justice by operation of law when he turned 70 on 15 May.
The ruling effectively blocked the move by Mnangagwa to extend Malaba’s tenure by five years.
NewsDay reported sources close to the developments as saying Malaba could throw in the towel following the furore and legal challenges the move had created. A source is quoted as saying:
<blockquote>In the event of Malaba electing to decline the extension of his era by the President, the pending appeals lodged by Ziyambi Ziyambi and the Attorney-General (Prince Machaya) will just be for academic purposes. This will render the selection of the next chief justice wide open.</blockquote>
The frontrunners are thought to be Deputy CJ Elizabeth Gwaunza who is the Acting CJ and three judges with liberation war credentials — Justices Charles Hungwe, George Chiweshe and Chinembiri Bhunu.
Justices Paddington Garwe and Rita Makarau, who were appointed to the Constitutional Court on Wednesday, are reportedly in the running as well.
A senior lawyer who refused to be named told NewsDay that Malaba should decline the extension of his tenure to preserve whatever little has been left of his legacy. Said the lawyer:
<blockquote>It would be prudent for Malaba to preserve whatever little has been left of his legacy by declining the extension of his tenure.
It is not in the best interest of the Judiciary in Zimbabwe that from the look of things he seems to have worked in cahoots with politicians to extend his tenure as CJ, wherein the Constitution was rushed through Parliament for his sole benefit.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2021/05/ed-faces-tough-cj-choice/" rel="noopener" target="_blank">NewsDay</a></h4>

Mnangagwa Faces Tough Chief Justice Choice

How do you perceive corruption in Zimbabwe? Take part in this survey and let us know what you think 
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Survey: What's Your Perception On Corruption In Zimbabwe?

Zimbabwe’s Chief Justice Luke Malaba has issued a directive to all courts to cancel all scheduled weddings for a period of 2 months due to the <a href="https://www.pindula.co.zw/Coronavirus_in_Zimbabwe">COVID-19</a> Pandemic. Here is a full statement on the justice department’s restrictive measures against the spread of COVID-19:
<blockquote>Following the public notice and pronouncements by His Excellency the President on COVID-19 protection measures the Chief Justice now directs that the following measures will apply with immediate effect at all courts;
<ol>
<li>Trials and non-urgent hearings must be postponed for a period not less than two months except urgent matters, bail application and initial remands.</li>
<li>All weddings are cancelled. Parties may approach the courts for rebooking after a period of two months.</li>
<li>No hearings will be done in chambers.</li>
<li>In instances where hearings are held, these should be confined to parties involved in case the case and their legal practitioners. Those not involved in the case are discouraged from attending or coming to court.</li>
<li>All surfaces at reception areas, registries, courtrooms and areas of potential risk should be regularly sanitized and fumigated as may be necessary.</li>
<li>Members of the Judiciary Services Commission at courts, legal practitioners and litigants attending court sessions are required to;</li>
</ol>
<ul>
<li>Be sanitized at the court entrance when going and outside the court</li>
<li> Maintain a distance of at least two meters from the next person when attending court or registry offices.</li>
<li>Disinfect any immediate surface area with the disinfectant and paper towels made available in court.</li>
<li>Wash your hands frequently with soap and running water or rub your hands with alcohol-based hand sanitizers for at least 20 seconds.</li>
</ul>
</blockquote>

FULL TEXT: Chief Justice Cancels Weddings For A Period Of 2 Months

The government is reportedly planning to raise the retirement age of the Chief Justice from 70 to 75 years.
The plans are said to be at an advanced stage as the government is working on a constitutional amendment.
This was revealed by Havard-trained and award-winning journalist, Hopewell Chin’ono. <a href="https://twitter.com/daddyhope/status/1147040576753360902" rel="noopener noreferrer" target="_blank">He wrote</a>:
<blockquote>The government wants to increase the Chief Justice’s retirement age from 70 to 75. Plans are at an advanced stage and they are working on a constitutional amendment to do so.
Chief Justice Luke Malaba is 68 and is due for retirement in 2021. If this goes through he will now retire in 2026.</blockquote>

Govt Plans To Raise Chief Justice's Retirement Age To 75 Years - Report

Secretary General of the Nelson Chamisa led MDC, Douglas Mwonzora denied being sponsored by Zanu-PF to cause confusion in the opposition party.
In an interview with NewsDay reporter Kudzai Muchenjekwa (ND), Mwonzora (DM) also clarified the nature of the meeting he held with Chief Justice Luke Malaba. He said nothing harmful to MDC was discussed. Below is an excerpt of the interview:
<blockquote>ND: You held a meeting with Chief Justice Luke Malaba after he was heckled in Parliament by MDC legislators, can you explain why you went against the tide?
DM: While I can confirm to you that we did see Chief Justice Malaba, most of the things that are being said about the nature of the meeting are very false. Nothing harmful to the MDC was discussed. A few things were clarified before the Chief Justice, for example, we clarified that the MDC, as a party, respects separation of powers between the Judiciary, Executive and Legislature; number two, that we respect the court; and number three, we respect him as a person — that we made it clear — that does not mean we respect every decision that they make. We separate the person from the decision. But it’s something I am going to be explaining to the party should I get the chance to do that, but from me it’s something so minor that it should not take the time of the (MDC national) council.
The national council has been called to deal with the political developments in the country. I have read from the papers and social media people writing defamatory and damning articles about me. For example, last week there was an article talking about me being bankrolled by Zanu-PF and there was an article on the meeting with Chief Justice Malaba and committing an offence. These articles are false! There is a pattern every time we are having a national council meeting, a group of people starts agitating the party and its organs against me.</blockquote>
<hr/>
<h4>Also Read:</h4>
<ul>
<li>
<h3 class="entry-title"><a href="https://news.pindula.co.zw/2018/11/19/mwonzora-and-mudzuris-apology-to-cj-angered-chamisa-reports/" rel="bookmark">Mwonzora And Mudzuri’s Apology To CJ Angered Chamisa, Reports</a></h3>
</li>
</ul>
<hr/>
More: <a href="https://www.newsday.co.zw/2018/11/mwonzora-opens-his-heart-on-challenging-chamisa/">NewsDay</a>

Mwonzora Denies Zanu-PF Sponsorship, Clarifies Meeting With Chief Justice Malaba

Zanu-PF MPs yesterday voted in favour of Constitutional Amendment Bill (Number One) which seeks to give the President, powers to appoint the Chief Justice, his deputy and Judge president instead of subjecting them to public interviews. The Bill got 182 votes against 41 votes and will now go to Senate.
After the votes were announced Vice President Emmerson Mnangagwa gloated at the opposition which had fought the passing of the Bill in Parliament. Said Mnangagwa:
<blockquote>I am grateful that the opposition made constructive contributions some of which was incisive and well researched. This is what democracy is all about where those who do not agree are given an opportunity to debate but at the end of the day the majority will have their way.</blockquote>
More: <a href="http://www.herald.co.zw/amendment-bill-passed%E2%80%A2-zanu-pf-flexes-majority-muscle-%E2%80%A2-president-set-to-appoint-judges/">Herald</a>

Zanu-PF MPs put factional fights aside and vote in favour of Constitutional Amendment Bill (Number One)

Vice President and Minister of Justice Emmerson Mnangagwa has dismissed claims that Constitution of Zimbabwe Amendment Bill Number 1 which deals with the appointment of the Chief Justice and other top judges, is meant for his benefit. Mnangagwa said that it was actually backed by cabinet as evidenced by the lack of resignations. He also attacked critics of the bill who he described as mischievous and “dangerous to our constitutional democracy.”
Said Mnangagwa:
<blockquote>Let me put it on record that this is not a self-serving amendment to the Constitution, as what MPs have been at pains to try and portray.
It is my firm belief that those that introduced those notions are not only mischievous, but are dangerous to our constitutional democracy and themselves.
The fact that we have not seen any resignations from Cabinet is witness that the Bill had full backing from Cabinet.
Let me address unwarranted fears that the appointment of the CJ [Chief Justice], DCJ [Deputy Chief Justice] and Judge President of the High Court shall erode the independence of the Judiciary and unsettle the principle of separation of powers. The Constitution has other adequate measures that guarantee Judiciary independence to advance and secure the integrity of the bench.</blockquote>
More:<a href="https://www.newsday.co.zw/2017/06/14/mnangagwa-attacks-cj-appointment-critics/"> NewsDay</a>

Mnangagwa says Cabinet is not resigning because they support Constitutional Amendment Bill

Minister of Justice and Vice President Emmerson Mnangagwa has resumed pushing for the controversial constitutional amendment bill. If the bill passes the appointment of the Chief Justice, Deputy Chief Justice and Judge President of the High Court will be left in the hands of the President. The bill seeks to remove public nominations and interviews for the candidates,  something which has been welcomed as it promoted transparency in the appointments. The Vice President also contends that the current system is open to abuse from the outgoing Chief Justice who will be a member of the interview panel. Speaking in Parliament Mnangagwa said:
<blockquote>It (The Bill) will amend Section 180 of the Constitution by substituting Section 180 which provides for the appointment of judges.
The appointment procedure for all the judges will remain as it is except for the Chief Justice, Deputy Chief Justice and the Judge President of the High Court.
It is proposed by this amendment that the three officers will be appointed by the President after consultation with the JSC. If the appointment of a Chief Justice, Deputy Chief Justice or Judge President of the High Court is not consistent with any recommendation made by the JSC during the course of the consultations, then the President will have to inform the Senate of that fact as soon as possible.</blockquote>
More: <a href="http://www.herald.co.zw/govt-commits-to-constitutionalism/">Herald</a>

Mnangagwa pursues Constitution Amendment, says current system is open to abuse from outgoing Chief Justice

Minister of Justice And Vice President Emmerson Mnangagwa said that he is carrying out President Mugabe’s orders in amending the Constitution. Mnangagwa revealed that the president had tasked him with the task of correcting ” an anomaly where junior members of the JSC are tasked to interview their boss”
In an interview with the Zimbabwe Independent newspaper, Mangangagwa said:
<blockquote>The constitution, in its current state, says that the JSC should conduct interviews of those who are interested in becoming the chief justice. In this case all the senior members of the JSC are interested parties so it meant junior members were to interview their boss,
As a result of that anomaly the head of state, His Excellency President Robert Mugabe, who happens to be a lawyer also, called me and mandated me to correct that anomaly as the Justice minister 
The president said ‘no, that is not possible’, so the assignment was to correct that and we have initiated the process. This is a constitutional crisis that we were going to encounter whether now or in the near future.</blockquote>
Mnangagwa has been criticised by many sections for proposing to amend the constitution which was adopted only 4 years ago in 2013.
More: <a href="https://www.theindependent.co.zw/2017/03/17/cabinet-descends-ugly-row/">The Independent</a>

Mnangagwa says he is amending the Constitution on President Mugabe's orders

Deputy Chief Justice Luke Malaba will in terms of the Constitution take over as acting Chief Justice after Godfrey Chidyausiku retires when he reaches the age of 70. Malaba will remain acting Chief  Justice until President Robert Mugabe appoints a new Chief Justice from the list of candidates from the Judicial Services Commission (JSC) interviews or wait for the successful amendment of the Constitution with regards to the issue.
The three candidates given to the President are Rita Makarau, Paddington Garwe and Luke Malaba. The acting Chief Justice according to Constitutional Law expert and University of Zimbabwe lecturer Lovemore Madhuku should not exceed more than six months. otherwise the President will be sued for abuse of the Constitution. However he said that the Constitution was silent on the time frame.
More: <a href="http://www.herald.co.zw/malaba-to-act-as-chief-justice/">Herald</a>

Luke Malaba to take over as acting Chief Justice after Chidyausiku retires

Outgoing Chief Justice <a href="http://www.pindula.co.zw/Godfrey_Chidyausiku">Godfrey Chidyausiku</a> revealed a shocking detail in his speech at the opening of the 2017 legal year.  Chidyausiku revealed that before the Judicial Services Commission conducted the <a href="http://www.pindula.co.zw/news/2016/12/12/jsc-files-appeal-supreme-court-stop-interdict-interviews-chose-chief-justice/" target="_blank">highly contentious interviews</a> for the Chief Justice position, they received what turned out to be a fake executive order advising them to stop the interviews.  He replied that he was not able to do so as that would be a violation of the constitution.  Chidyausiku later found out that the President had no knowledge of the order.   In his speech the Chief Justice said:
<blockquote>In light of the above, was surprised to receive communication a few days before the interviews were due to commence that an Executive order had been issued ordering the Judicial Service Commission to stop the interviews for filling the post of Chief Justice. responded to the communication, advising that the Executive’s directive could not be complied with without breaking the Constitution and that the interviews would proceed as planned and in terms of the Constitution. have since established that the President never issued the alleged Executive order to stop the interviews.</blockquote>
The Judicial Services Commission went on to hold the interviews, despite spirited efforts to have them stopped <a href="http://www.pindula.co.zw/news/2017/01/13/hungwes-ruling-misdirected-violation-constitution-jsc-supreme-court-appeal/" target="_blank">including a High Court interdict</a>.
More: <a href="http://www.pindula.co.zw/news/2017/01/16/pdf-chief-justice-godfrey-chidyausikus-valedictory-speech-opening-2017-legal-year/" target="_blank">Chief Justice Chidyausiku Full Speech</a>

CJ Chidyausiku reveals that he was sent a fake Executive Order stopping CJ interviews

The Law Society of Zimbabwe (LSZ) would like to express disquiet over the introduction of Constitutional Amendment Bill No. 1 of 2016 published in General Notice 434 of 2016 which seeks to amend section 180 of the Constitution of Zimbabwe (‘the Constitution’) with a view to give the President of Zimbabwe an unfettered discretion to appoint a Chief Justice, Deputy Chief Justice and Judge President of his choice whenever such vacancies arise. The Bill seeks to amend section 180 of the Constitution and do away with conducting of public interviews of prospective candidates for the above posts.
 
The Law Society of Zimbabwe is generally dismayed by the attitude of the Government towards the Constitution. The swiftness to introduce a Constitutional Amendment Bill this shortly in the lifespan of the Constitution is a cause of concern. The Constitution has many progressive provisions which the Executive is yet to implement. This raises serious concern and a perception that the Executive is looking at the earliest opportunity to seek to amend the Constitution. The spectre of multiple amendments should not revisit the nation so soon after it overwhelmingly voted for a new Constitution which consigned the patched up Lancaster House 1 Constitution to the dustbins of history. The Executive does not appear to share the same vision with the nation as seen by its determined effort to resuscitate the provisions of the old Constitution.
 
Whilst we are not privy to the principles that informed the proposed amendments, we have no illusion that the effect of the proposed amendment is to substitute a relatively transparent system of judicial appointments with a murky executive driven system, resurrected from the old Constitution. The targeted section 180 of the Constitution which provides for the appointment of judges seeks to ensure the independence of the judiciary. It safeguards the doctrine of Separation of Powers by ensuring that the appointment of judges is largely in the hands of the judiciary. Executive discretion is severely curtailed under the current provisions as it should, to maintain the doctrine of separation of powers. On the other hand, the proposed amendments will place the appointing process for three strategic judicial officers solely in the hands of the Executive. The amendment seeks to make the President both the selecting and the appointing authority. Although providing for consulting of the Judicial Services Commission (JSC), the consultation is a mere token as the views of the commission can be ignored without any adverse consequences to the President’s decision. The amendment provides that where the President proceeds against the advice of the JSC he shall inform the Senate. The Senate, however, has no power to overturn the appointment by the President. It will merely note. Of what relevance then is such a reference to the Senate? In the interest of accountability of arms of the State, the consultations with the 3SC and then the reference to the Senate should be about providing checks and balances. The proposed amendment does not achieve that, instead, it negates the spirit of accountability and transparency. The proposed amendment gives unfettered power to a single individual to appoint the most influential positions in the judiciary. This has dire consequences on judicial independence. Although the Constitution does provide for its own amendment, this should be done in the spirit of advancing constitutionalism. Section B(1) of the Constitution which advances good governance provides, among other things; (.I) The State must adopt and implement policies and legislation to develop efficiency, competence, accountability, transparency, personal integrity and financial probity in all institutions and agencies of government at every level and in every public institution, …… The proposed amendments seek to do exactly the opposite of the foregoing.
 
We believe there could be weaknesses with the current composition of JSC. The Law Society however strongly believes those weaknesses can be addressed to reflect the values of transparency, fairness and objectivity. In correcting the weaknesses, the Executive need not usurp the functions currently reposed in the JSC and place them under an authority with no accountability to anyone or any other institution. The amendment does not seek to improve good governance.
 
The timing of the amendment is equally disconcerting as it comes when a constitutionally mandated process was already underway. In an unprecedented manner, the Executive has sought the suspension of the operation of the Constitution in order to allow the proposed amendment to pass through. This approach is wrong and unlawful. The Constitution is the Supreme law of Zimbabwe. All other laws and directives are subordinate to it.
 
Therefore the Law Society urges the Executive to adopt a progressive approach towards constitutional supremacy and desist from circumventing it through such capricious amendments. It is the duty of the Government to safeguard and uphold Constitutional supremacy which guarantees the realisation of fundamental rights.
 
The Law Society further calls upon the Government to urgently attend to implementation of the constitution and fully align all outstanding laws to the Constitution.

Law Society of Zimbabwe statement on Constitutional Amendment Bill (No. 1) of 2016 [FULL]

The <a href="http://www.pindula.co.zw/Movement_for_Democratic_Change_-_Tsvangirayi_(MDC-T)" target="_blank">MDC-T</a> have promised to use all peaceful and legal means at their disposal to prevent any amendments to the Constitution.  Minister of Justice <a href="http://www.pindula.co.zw/Emmerson_Mnangagwa" target="_blank">Emmerson Mnangagwa</a> wants to <a href="http://www.pindula.co.zw/news/2016/12/11/mnangagwa-speaks-appointment-chief-justice-issue-says-mugabe-appoint-chief-justice/" target="_blank">amend the constitution</a> to allow the President to pick the <a href="http://www.pindula.co.zw/news/2016/12/21/opinionwhy-mugabe-easy-selection-judges-herald-wrong/" target="_blank">Chief Justice</a>, Deputy Chief Justice and Judge President.
MDC-T spokesperson Obert Gutu said  <a href="http://www.pindula.co.zw/Movement_for_Democratic_Change_-_Tsvangirayi_(MDC-T)" target="_blank">Zanu-PF</a> MPs would also reject the “Stalinist Constitutional amendment,” since the vote would be conducted using a secret ballot.
Gutu said:
<blockquote>We know that the majority of Zanu PF MPs are strongly opposed to the amendment since it is essentially a factional agenda by one of the Zanu PF factions. We will mobilise and network with all MPs across the political divide to ensure that the public hearings come out strongly against the proposed amendment. 
…We have a strategic advantage in that in a secret ballot, the majority of Zanu PF MPs will reject that obnoxious and Stalinist constitutional amendment.</blockquote>
More: <a href="https://www.newsday.co.zw/2016/12/29/zanu-pf-mps-demand-mugabe-audience/" target="_blank">Newsday</a>

MDC-T to work with all parties including Zanu-PF to prevent "mutilation" of Constitution

Vocal Minister of Higher Education  <a href="http://www.pindula.co.zw/Patrick_Chinamasa">Jonathan Moyo</a> yesterday attacked Virginia Mabhiza’ attempts to justify suspending the selection of the new Chief Justice.  Mabhiza who is the permanent secretary in the Ministry of Justice is in favour of amending the constitution first.  However, Moyo said this was unconstitutional.
Moyo wrote
https://twitter.com/ProfJNMoyo/status/813989295501574144
https://twitter.com/ProfJNMoyo/status/813989391123234817
<blockquote class="twitter-tweet" data-dnt="true" data-width="550">
Peer review has no juniors or seniors, it's the full spectrum. President is chosen by voters; Speaker by peers &amp; CJ must also be by peers! <a href="https://t.co/CMIGl3b8JB">https://t.co/CMIGl3b8JB</a>
— Prof Jonathan Moyo (@ProfJNMoyo) <a href="https://twitter.com/ProfJNMoyo/status/813993366866247681?ref_src=twsrc%5Etfw">December 28, 2016</a></blockquote>
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<blockquote class="twitter-tweet" data-dnt="true" data-width="550">
There was no such failure at all. She either does not understand how a peer review mechanism works or is just pushing a political agenda! <a href="https://t.co/5ACFd9gsrS">https://t.co/5ACFd9gsrS</a>
— Prof Jonathan Moyo (@ProfJNMoyo) <a href="https://twitter.com/ProfJNMoyo/status/813998503655591936?ref_src=twsrc%5Etfw">December 28, 2016</a></blockquote>
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Jonathan Moyo attacks Justice Ministry secretary Virginia Mabhiza over Constitutional Amendment

Deputy Chief Justice <a href="http://www.pindula.co.zw/Luke_Malaba">Luke Malaba</a> reportedly attained the highest marks in the interviews held by the Judicial Services Commission, as part of the process to choose the next Chief Justice of the Supreme Court to succeed <a href="http://www.pindula.co.zw/Godfrey_Chidyausiku">Godfrey Chidyausiku</a>.
According to the Zimbabwe Independent, DCJ Luke Malaba scored 91 per cent.
Luke Malaba was followed closely by Justice <a href="http://www.pindula.co.zw/Rita_Makarau">Rita Makarau</a> who has 90 per cent, Justice <a href="http://www.pindula.co.zw/Paddington_Garwe">Paddington Garwe</a> scored 52 per cent while Judge President <a href="http://www.pindula.co.zw/George_Chiweshe">George Chiweshe</a> was absent from the interviews.
The marks have since been forwarded to Vice President and Minister of Justice, Parliamentary and Legal Affairs,<a href="http://www.pindula.co.zw/Emmerson_Mnangagwa"> Emmerson Mnangagwa</a>, who will in turn, forward the results to the President.
The President will then have to choose one of the three names as the next Chief Justice. However, Mnangagwa is against this process and <a href="http://www.pindula.co.zw/news/2016/12/11/mnangagwa-speaks-appointment-chief-justice-issue-says-mugabe-appoint-chief-justice/" rel="noopener" target="_blank">wants to amend the Constitution</a>. He said:
<blockquote>This is a constitutional crisis that we were going to encounter whether now or in the near future. We did not agree with this during the constitution-making process, but we compromised for the sake of progress.
The president will nominate three judges whose names will be submitted to the JSC. The role of the JSC would be to vet and scrutinise the suitability of each of the three judges. The JSC will then submit a report of their findings to the head of state who will then appoint one of the three as the new chief justice.</blockquote>
Mnangagwa denied allegations that he is pushing for the amendment of the constitution because he has a preferred candidate saying there was no way he could interfere with the process since it is President Robert Mugabe who makes the appointments.
More: <a href="https://news.pindula.co.zw/">Pindula News</a>; <a href="https://www.theindependent.co.zw/2017/03/17/mnangagwa-speaks-chief-justice-succession/" rel="noopener" target="_blank">Independent</a>

DCJ Luke Malaba Came First In JSC Interviews With 91%, Now Up To President  To Choose

Vice President <a href="http://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>‘s faction had another heated clash with members of the rival G40 faction over the successor of Chief Justice <a href="http://www.pindula.co.zw/Godfrey_Chidyausiku" target="_blank">Godfrey Chidyausiku</a>.  This is the second time, this happened in a just over a period of a week.  <a href="http://www.pindula.co.zw/news/2016/12/11/mnangagwa-speaks-appointment-chief-justice-issue-says-mugabe-appoint-chief-justice/" target="_blank">Mnangagwa wants to amend Section 180 of the Constitution</a> so that the President can appoint the Chief Justice, Deputy Chief Justice and Judge President of the High Court directly.  All he needs to do is to seek the advice of the JSC, which he can disregard.
A source told the Independent that the G40 argued against this position.  The source said:
<blockquote>The counter arguments to Mnangagwa’s presentation were threefold, one of them being that his proposals were basically driven by factional agendas and opportunism. The ministers argued that it was all about power politics and not issues of public interest, adding that Mnangagwa’s political manoeuvre would give opposition parties a tool to mobilise support and a rallying point ahead of 2018 elections.
“The ministers raised the political implications of the proposals saying what Mnangagwa was doing would either arm and rejuvenate the opposition or create a new opposition front against it. The argument was also that the proposed amendments were not based on principle, but on an agenda to try and impose a particular candidate of their (the Mnangagwa faction’s) choice to the position of CJ at the expense of the constitution and public interest.</blockquote>
More: <a href="http://www.theindependent.co.zw/2016/12/23/ministers-fierce-row-chief-justice/" target="_blank">The Independent</a>

Ministers clash fiercely for the second time in a week over Chief Justice succession and constitution

Here is a copy of the Bill to amend the Constitution.  Deals with the appointment of the Chief Justice among other things.  It was gazetted this afternoon.
<a href="http://www.pindula.co.zw/news/wp-content/uploads/2016/12/Constitution-of-Zimbabwe-Amendment-No.1-on-Appointment-of-Chief-Justice-Deputy-Chief-Justice-Judge-President-of-the-High-Court.pdf">Constitution of Zimbabwe Amendment (No.1) on Appointment of Chief Justice, Deputy Chief Justice &amp; Judge President of the High Court</a>

[PDF] Constitution of Zimbabwe Amendment (No. 1) Bill, 2016

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