Zanu-PF expulsions, nullifications and reinstatements

Zanu-PF expulsions, nullifications and reinstatements
Published: 07 December 2017 (529 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nullification of their expulsions from the party also means that their recall from parliament must by extension be also rescinded.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expelled from Zanu-PF since 2014 to date and where members of parliament, their recall from parliament must also be rescinded in line with the nullification of the illegal process at party level.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

Mugabe's son admitted to Parirenywatwa hospital

by Staff Reporter | 18 July 2018 | 176 Views

What are some of the best online games?

by Agencies | 18 July 2018 | 78 Views

Seizing opportunities in Zimbabwe's new era

by Never Ncube | 18 July 2018 | 101 Views

Chamisa rejects Zec's conditions for talks

by Staff reporter | 18 July 2018 | 127 Views

Tamborinyoka charged again for defacing posters

by Staff reporter | 18 July 2018 | 81 Views

Khupe, Wilson pledge to revive Bulawayo

by Staff reporter | 18 July 2018 | 80 Views

70% think Zec is non-partisan?

by Staff reporter | 18 July 2018 | 80 Views

ZEC intensifies preps for elections

by Staff reporter | 18 July 2018 | 75 Views

Woman assaults step daughter

by Staff reporter | 18 July 2018 | 78 Views

Chikurubi inmates graduate

by Staff reporter | 18 July 2018 | 81 Views

Inmate 'demands' kiss

by Staff reporter | 18 July 2018 | 75 Views

Pokello's son in Young Warriors team

by Staff reporter | 18 July 2018 | 61 Views

Is Mnangagwa going the Yahya Jammeh-way?

by Benny Gudo | 18 July 2018 | 78 Views

King Lobengula Foundation celebrates Mandela100 Centenary

by Sizwe Mda | 18 July 2018 | 75 Views

WATCH: Mnangagwa's message to fellow Twimbos

by Staff Reporter | 18 July 2018 | 84 Views

Zimbabwe dismisses new currency claims

by Staff reporter | 18 July 2018 | 85 Views

Mnangagwa says, 'Zim poised to be jewel of Africa'

by Staff reporter | 18 July 2018 | 177 Views

Pay rise for civil servants

by Staff reporter | 18 July 2018 | 234 Views

Inside Chamisa's winter of discontent

by Tichaona Zindoga | 18 July 2018 | 220 Views

Fading giants name new club boss

by Staff rpeorter | 18 July 2018 | 173 Views

Mnangagwa to name, shame land barons

by Staff reporter | 18 July 2018 | 200 Views

Matanga bans Chihuri raffle ticket sales

by Staff reporter | 18 July 2018 | 181 Views

Goba tribunal takes oath of office

by Staff reporter | 18 July 2018 | 131 Views

Hands off ZEC, says Youth League

by Staff reporter | 18 July 2018 | 142 Views

MDC-Alliance spoiling for fight they can’t win

by Lloyd Msipa | 18 July 2018 | 149 Views

Victory is certain, claims Mnangagwa

by Staff reporter | 18 July 2018 | 126 Views

Zimbabwe inflation rate hits 2,91%

by Staff reporter | 18 July 2018 | 124 Views

Bosso set for EGM

by Staff rpeorter | 18 July 2018 | 113 Views

Air Zimbabwe offers reward package

by Staff reporter | 18 July 2018 | 149 Views

Bosso fans group donate to ball-boys

by Staff reporter | 18 July 2018 | 72 Views

'Review of taxes, utility costs'

by Staff reporter | 18 July 2018 | 136 Views

Teachers sue property developer after stands deal sours

by Staff reporter | 18 July 2018 | 139 Views

Cheating couple locked up

by Staff reporter | 18 July 2018 | 199 Views

Cold spells till August

by Staff reporter | 18 July 2018 | 179 Views

Hippo attack, drown women in Zambezi river

by Staff reporter | 18 July 2018 | 139 Views

Tamborinyoka seeks removal from remand

by Staff reporter | 18 July 2018 | 129 Views

Chamisa's postal vote challenge hits a brickwall

by Staff reporter | 18 July 2018 | 197 Views