Tuesday, September 24

Chamisa Zvobuda Izvo MuZanupf Arikurotamba Xvake Nepfungwa Dzema Zimbabwe Arikutambura

 

‘It’s a joke’ – now 70 Zanu-PF legislators have been recalled after ‘imposter’ does same to opposition MPs

 

 

 

 

 

 

Power plays continue to dog Zimbabwe’s politics almost two months after its disputed general elections, with parliamentary recalls now taking centre stage as President Emmerson Mnangagwa battles to control the national assembly.

 

 

 

 

 

Alittle-known Zanu-PF activist has written to Zimbabwe’s speaker of parliament, Jacob Mudenda, recalling 70 ruling-party legislators, including recently appointed cabinet ministers, from the august house.

 

 

 

 

The “recall” list includes Deputy Finance Minister David Mnangagwa, President Emmerson Mnangagwa’s son.

This comes barely two weeks after 29 legislators of the main opposition Citizens’ Coalition for Change (CCC) party were recalled by one Sengezo Tshabangu who claims to be the party’s interim secretary-general. This recall resulted in several legislators being injured when chaos interrupted parliamentary business two weeks ago.

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owever, CCC leader Nelson Chamisa has dismissed Tshabangu as an “imposter”, saying his party does not have such a portfolio because it is yet to hold its inaugural congress. Chamisa also accused Zanu-PF of masterminding the recalls – an allegation the ruling party has dismissed.

 

 

 

 

 

The move by the Zanu-PF activist, Tafadzwa Manyika, to recall dozens of Zanu-PF legislators means the ruling party will have to fight it out with the CCC in by-elections to win back the seats and also try to regain the seats it lost to the opposition legislators who have been recalled from parliament – if the speaker accepts the recall request.

 

 

 

 

 

In his letter to Mudenda, Manyika, argued that the 70 Zanu-PF ministers – who also include new Information Minister Jenfan Muswere, Health Minister Douglas Mombeshora and Labour Minister Paul Mavima – had ceased to be members of the party.

Ademon of recalls engulfs the country. The speaker now has no option but to remove the Zanu-PF recalled members as per the precedent he has set.

 

 

 

 

 

“Kindly be advised that the following members of the National Assembly were elected under Zimbabwe African National Union – Patriotic Front (Zanu-PF) political party and have ceased to be members of the Zimbabwe African National Union – Patriotic Front. Kindly proceed in terms of the relevant provisions of the Constitution of Zimbabwe relating to members who have ceased to be members of a political party which they were elected under,” wrote Manyika, who refers to himself as the Zanu-PF interim secretary-general.

 

 

 

 

However, Zanu-PF acting information director Farai Marapira played down Manyika’s recall.

“Zanu-PF is a party with known structures and everyone knows who writes letters on behalf of our party. I don’t know what you are talking about,” Marapira said.

 

 

 

 

‘Invidious position’

Political analyst Rashweat Mukundu, who works with International Media Support, says the purported letter recalling Zanu-PF legislators puts Mudenda in an invidious position.

 

 

 

 

 

“Well, I guess it’s someone putting the Zanu-PF speaker of parliament to a test in his own rules on recalls. There won’t be a constitutional crisis as the speaker will likely ignore this letter, but the question is: how will he answer this in court when asked about the CCC recalled MPs? Whoever wrote this letter wants to expose the silliness of the speaker of parliament who is now a handy tool in Zanu-PF’s power games,” said Mukundu.

 

 

 

 

Another political commentator, Rejoice Ngwenya, founder of the Coalition for Market and Liberal Solutions, told Cooking365 that Mudenda’s consistency is being put to the test.

 

 

“It’s a serious joke! Anyway, if Mudenda is consistent, he will apply the same rule. He doesn’t have the mandate to question (the) origin of the letter. If he knows that the Zanu-PF secretary-general is Obert Mpofu, he should have known CCC has no structure there, it has no secretary-general,” said Ngwenya.

 

 

 

CCC spokesperson Promise Mkwananzi said his party expected Mudenda, who doubles as Zanu-PF’s legal secretary, to act on Manyika’s recall letter, adding that the fresh elections that his party was demanding were edging closer.

 

 

 

 

“A demon of recalls engulfs the country. The speaker now has no option but to remove the Zanu-PF recalled members as per the precedent he has set. At this rate, we are likely to have a fresh election sooner than we expected. With almost 100 MPs recalled, parliament has effectively collapsed. Compounded by the sham of August 23, a fresh, free and fair election is now the only option,” said Mkawananzi.

 

 

 

 

Power plays

The latest political power play comes as Zanu-PF appears to be looking for an opportunity to secure a two-thirds majority in parliament after failing to do so during the disputed elections controversially won by Mnangagwa.

To put pressure on Zanu-PF, Chamisa told reporters his party was disengaging from parliament after its legislators were recalled by the alleged “imposter”.

 

 

 

 

 

Zanu-PF’s political commissar, Mike Bimha, said his party would be happy with the recall of opposition legislators because it would give his party a parliamentary majority if it wins in by-elections.

“It is not our agenda to recall [opposition legislators], it is really an internal affair and if it happens (retaining two-thirds parliamentary majority) it happens to our favour and we say thank you so much,” said Bimha.

 

 

 

 

 

Zimbabwe’s 23 August elections were criticised by international observers as fundamentally flawed, but Mnangagwa and his party say they won freely and fairly, while Chamisa dismissed the polls as a gigantic fraud.

However, Chamisa abandoned a legal challenge to the election outcome, alleging judicial capture, and embarked on a diplomatic offensive to ratchet up pressure on the international community to help Zimbabwe address the legitimacy question following the disputed polls.

 

  ‘It’s a joke’ – now 70 Zanu-PF legislators have been recalled after ‘imposter’ does same to opposition MPs

‘It’s a joke’ – now 70 Zanu-PF legislators have been recalled after ‘imposter’ do Court thwarts Minister Motsoaledi’s bid to appeal judgment on Zimbabwean Exemption Permits

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Zimbabwean Exemption Permits

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A full bench of the Pretoria division of the High Court has refused to hear the Home Affairs ministry’s application for leave to appeal against a ruling overturning Motsoaledi’s ‘executive’ decision to terminate the programme.

Home Affairs Minister Aaron Motsoaledi’s crusade against the Zimbabwean Exemption Permit (ZEP) programme has hit a snag.

A full bench of the Pretoria division of the High Court has refused to hear his ministry’s application for leave to appeal against an earlier judgment overturning his “executive” decision to terminate the programme, which means that ZEP holders retain the right to live and work in South Africa, at least for the next 12 months.

Essentially, the high court said the minister must return to the drawing board and carry out proper consultation.

While that process is under way, ZEP holders are protected for a year.

The matter stems from the Pretoria High Court’s ruling on 28 June, in which a Full Bench declared the termination of the ZEP programme to be unlawful, unconstitutional and invalid, and directed the minister to reconsider the issue “following a fair process” that complies with the relevant laws.

Motsoaledi’s department has repeatedly attempted to terminate the ZEP programme, only to issue last-minute extensions.

On 2 September 2022, when Motsoaledi announced his department would terminate the ZEP programme for good and refuse any further exemptions, the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa (CoRMSA) took the matter to court, on behalf of more than 178,000 holders of ZEPs, which were due to expire on 30 June 2023.

The CoRMSA team was led by Laura Macfarlane and Whyte from Norton Rose Fulbright as well as David Simonsz from the Cape Bar.

The applicants stressed that they were not attempting to prevent the minister from terminating the ZEP programme, but rather that his decision should not be unconstitutional; and that it must embark on fair process, with due consultation with affected parties and for clear reasons which demonstrate good cause for the decision made.

While the minister ended up extending the “grace period” by a further six months, (until 30 June 2023), the applicants argued that his decision to end the ZEP programme remained unchanged.

The ZEP programme has, for the past 14 years, allowed qualifying Zimbabwe nationals to live, work and study in South Africa.

The minister’s decision to terminate the ZEP programme, the applicants asserted, was taken without any prior notice given to or consultation with the affected ZEP holders, interested non-government organisations and the public; and ZEP holders’ representatives were invited to make representations only in January 2022 — after the minister had announced his decision.

The minister applied for leave to appeal on 13 July, arguing:

  1. His decision was not reviewable under the Promotion of Administrative Justice Act;
  2. He gave reasons for the 12-month extension of the ZEP;
  3. The affected ZEP holders and several NGOs were given an opportunity to be heard, albeit after the decision was made;
  4. The decision did not require public participation;
  5. His executive decision was immune from sections 3 and 4 of the Promotion of Administrative Justice Act;
  6. Procedural fairness did not depend on being given a meaningful opportunity to make representations before or after the decision as long as such an opportunity was given to have that decision changed or modified; and
  7. He was cognisant of the impact that the decision would have on ZEP holders and the rights of children.

Motsoaledi has repeatedly made it clear that he will not reconsider his decision to terminate the ZEP programme, even though in court papers he acknowledged that the decision has profound consequences on ZEP holders, their children and broader society.

The Helen Suzman Foundation and CoRMSA chall

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