Presidential aspirant and current District Chairman of Masimba Political District, Mr Goodman Tamuona Musariri has taken a bold decision to approach the courts to ‚Äėoust‚Äô President Emmerson E.D Mnangagwa from power.
‚ÄĚThe forthcoming Legal Question lurking ahead on Section 38 of the ZANU P.F Constitution , its interpretation and application has been inspired by the Supreme Court Ruling of the MDC A Case. It is highly impersonal and does not attack anyone but raises the aforesaid legal questions through an application to the same Supreme Court for a Declaratory Order in tandem with what was ruled on the MDC Case.‚ÄĚ said the forty year old former Reserve Bank¬† Head of Treasury Operations.
He added:‚ÄĚ I would really love that a ruling be made by the Courts as early as yesterday inorder to restore Constitutionalism and the Constitutionality of matters and Constitutionalists in the political fraternity.‚ÄĚ
Musariri contents that the ruling party, Zanu PF abused its own constitution, especially s38 when it fired Robert Mugabe and catapulted Emmerson Mnangagwa during the Operation Restore Legacy(coup) of November 2017.
‚ÄúThe President and First Secretary of the Party or, in his absence, one of the Vice Presidents and Second Secretaries or the National Chairman shall preside over the meeting of the Central Committee and at such a meeting (1) decisions of the Central Committee shall be by simple majority ; and (2) by majority of the total membership shall form a quorum,‚ÄĚreads s38 of the Zanu PF constitution.
It is in the public domain that Robert Mugabe who was the President and First Secretary did not chair that meeting as required by this section. He was under house arrest and was barred from exercising his powers by the army.
The court should therefore ascertain who convened the meeting and chaired it and if such persons were delegated by the First Secretary to do that on his behalf.
The youthful Zanu PF leader said:‚ÄĚ That particular Central Committee meeting of the 19th November 2017 is the legal misnomer and should be sought to be declared null and void by the High Court by way of statements, case law and constitutional law.‚ÄĚ
‚ÄúI think that the idea that Zanu PF members can challenge the legality of the affairs within their party on grounds akin to the MDC matter is an interesting one. It is a viable line of thought for them to persue,‚ÄĚ said Advocate Phuzu.
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