Zanu-PF expulsions, nullifications and reinstatements

Zanu-PF expulsions, nullifications and reinstatements
Published: 07 December 2017 (479 Views)
Nullification is used as a reason to override or counter the effect or force of something.  When an act that is bad at law is carried out, and the adjudicator chooses nullification as a remedy to redress the infraction, it means the parties should go back to their positions they were in before the alleged infraction.  

Following the expulsion of the then vice president Emmerson Mnangagwa from Zanu-PF, the central committee was compelled to review its previous decision following the intervention of the military.

It was agreed that the central committee was to consider all expulsions carried out beginning the year 2014 to date that were carried out without due process. The decision rendered was to nullify all the expulsions. It meant that all the expulsions were illegal and hence of no legal effect.

It gave the option to those that had moved on to form other political parties to return to Zanu-PF. Those affected by this nullification include but not limited to individuals like Themba Mliswa, Christopher Mutsvangwa, Bright Matonga, Joyce Mujuru, Didymus Mutasa, Rugare Gumbo and many others.

Nullification as a remedy
So, if we understand nullification as a remedy that involves cancelling something or for example countering the effects of a snake bite with an antidote it means nullification is basically erasing the effects of the first thing.  For example, the expulsion of Themba Mliswa and Christopher Mutsvangwa, Hurungwe west member of parliament and war veterans minister respectively instantly caused their recall from the House of parliament.

It then should be argued that logically the nullification of their expulsions from the party also means that their recall from parliament must by extension be also rescinded. In other words, those expelled from Zanu-PF since 2014 to date and where members of parliament, their recall from parliament must also be rescinded in line with the nullification of the illegal process at party level.

Justice Chiweshe Judgement
Following the intervention of the Military in the administrative affairs of Zanu-PF, in the process arresting the abuse of executive powers by individuals close to the first family, the High Court of Zimbabwe was approached to pronounce over the legality of this action.

On the 17th of November 2017, Justice Chiweshe ruled that the actions by the "Zimbabwe Defence forces (ZDF) in intervening to stop the takeover of the president's constitutional functions by those around him was constitutionally permissible and lawful in terms of section 212 of the Constitution of Zimbabwe. Section 212 of the Zimbabwe Constitution provides that "The functions of the Defence forces are to protect Zimbabwe, its people, its national security and interests and its territorial integrity and to uphold the Constitution"

Vacant Parliamentary seats
By allowing those that where members of parliament before they were illegally expelled from Zanu-PF to come back in that capacity, the secretary for legal affairs in Zanu-PF will legally be able to fill those vacant seats that would ordinarily be filled through by elections. This of course would give President Emmerson Mnangagwa a larger pool of expertise to draw cabinet ministers from.

Conclusion
The judgement by Justice Chiweshe is in line with the thinking I have outlined above. The intervention by the military has been pronounced as legal in terms of our Constitution. It ratifies the actions of the Generals in correcting a constitutional anomaly. The Secretary for legal affairs in Zanu-PF must also pronounce the rescission of the parliamentary recalls of those individuals that were members of parliament before the expulsion at party level. This can be done in the same way they did when expelling the same, by notifying the speaker of parliament. My thoughts


- Lloyd Msipa

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Chiwenga fails to issue termination letters to nurses

by Staff reporter | 20 April 2018 | 100 Views

Suspected thief bashed to death

by Staff reporter | 20 April 2018 | 84 Views

Fired nurses in panic mode

by Staff reporter | 20 April 2018 | 86 Views

Mukanya was home sick

by Staff reporter | 20 April 2018 | 61 Views

WhatsApp messages lead to divorce

by Staff reporter | 20 April 2018 | 77 Views

Traffic cop implicates bosses in fake fines book scam

by Staff reporter | 20 April 2018 | 108 Views

41 senior cops transferred

by Staff reporter | 20 April 2018 | 96 Views

Chamisa says military must be in the barracks

by Staff reporter | 20 April 2018 | 93 Views

Zanu-PF politburo meets to avert implosion

by Staff reporter | 20 April 2018 | 99 Views

'Mugabe remains our hero'

by Staf reporter | 20 April 2018 | 74 Views

Chiwenga fail to issue termination letters to nurses

by Staff reporter | 20 April 2018 | 75 Views

Mugabe humiliates Mukonori?

by Staff reporter | 20 April 2018 | 94 Views

Tsvangirai's death could not have come at a worse time

by Staff reporter | 20 April 2018 | 79 Views

Boris Johnson hosts Sibusiso Moyo for roundtable talks

by Agencies | 20 April 2018 | 75 Views

Biti sees potential $100 billion economy

by Bloomberg | 20 April 2018 | 70 Views

Zimbabwe opposition can win 'if it overwhelms polls'

by Carien Du Plessis | 20 April 2018 | 93 Views

Bigwigs corruption continues unabated

by Staff reporter | 20 April 2018 | 82 Views

Mnangagwa administration priorities warped

by Staff reporter | 20 April 2018 | 57 Views

Chinamasa, Gumbo self-enrichment plan exposed

by Staff reporter | 20 April 2018 | 85 Views

Zimbabwe denied Commonwealth observer status

by Staff reporter | 20 April 2018 | 65 Views

Mnangagwa stops funding Grace Mugabe's private school

by Staff reporter | 20 April 2018 | 69 Views

James Maridadi pens open letter to VP Constantine Chiwenga

by James Maridadi | 20 April 2018 | 106 Views

Mujuru diamond mine battle erupts

by Staff reporter | 20 April 2018 | 53 Views

MDC-T activist assaulted, kidnapped by soldiers

by Simbarashe Sithole | 20 April 2018 | 143 Views

MDC leader Welshman Ncube blasts govt for firing nurses

by Stephen Jakes | 20 April 2018 | 115 Views

Wenger leaves Arsenal

by Staf reporter | 20 April 2018 | 144 Views

Chiwenga to finish off 'running coward' Mnangagwa's presidential term?

by Wilson Mahlafuna Sibanda & Khohliso Maqhoba | 20 April 2018 | 280 Views

Government response to Nurses' strike is wrong

by Dumisani Mpofu | 20 April 2018 | 89 Views

'The rabbit killed my 8 children, husband'

by Staff reporter | 20 April 2018 | 178 Views

Abortion teacher fired

by Staff reporter | 20 April 2018 | 130 Views

Father, son in fight over 'prostitute'

by Staff reporter | 20 April 2018 | 141 Views

Chiyangwa exposed in 'Fifa lie' storm

by Staff reporter | 20 April 2018 | 117 Views

Women in street fight over footie star

by Staff reporter | 20 April 2018 | 153 Views

'Hands off married man' - Magistrate warns smallhouse

by Staf reporter | 20 April 2018 | 130 Views