Zanu-PF expulsions, nullifications and reinstatements

Zanu-PF expulsions, nullifications and reinstatements
Published: 07 December 2017 (427 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nullification of their expulsions from the party also means that their recall from parliament must by extension be also rescinded.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expelled from Zanu-PF since 2014 to date and where members of parliament, their recall from parliament must also be rescinded in line with the nullification of the illegal process at party level.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

Morgan Tsvangirai and the making of a national hero

by Tafi Mhaka | 16 February 2018 | 287 Views

Tsvangirai the legacy

by Daniel Itai | 16 February 2018 | 254 Views

Zuma's demise

by Daniel Itai | 16 February 2018 | 297 Views

Tsvangirai supporters organise red Saturday in honour of him

by Stephen Jakes | 16 February 2018 | 522 Views

Tsvangirai burial set for Buhera

by Staff reporter | 16 February 2018 | 322 Views

Tsvangirai Funeral Update: Khupe deployed to SA

by Nelson Chamisa | 16 February 2018 | 366 Views

Khupe apologises

by Dr Thokozani Khupe | 16 February 2018 | 929 Views

Mnangagwa, army commanders tensions grow

by Staff reporter | 16 February 2018 | 388 Views

Tsvangirai's death, political phonies and crocodile tears

by Staff reporter | 16 February 2018 | 190 Views

The hypocrisy of Zanu-PF is utterly suffocating

by Brezhnev Malaba | 16 February 2018 | 154 Views

Zimbabwe to mortgage minerals for capital

by Staff reporter | 16 February 2018 | 119 Views

Tsvangirai's death fuels MDC-T turmoil

by Staff reporter | 16 February 2018 | 154 Views

Gukurahundi victims want their voices heard

by Nqobani Ndlovu in Maphisa | 16 February 2018 | 111 Views

Mudede sued over dual citizenship

by Staff reporter | 16 February 2018 | 202 Views

Mnangagwa, Mugabe fallout - Mugabe security further reduced

by Staff reporter | 16 February 2018 | 532 Views

MDC UK & Ireland Youth Statement on the death of Morgan Tsvangirai

by Vusumuzi B Ncube | 16 February 2018 | 196 Views

Momentary celebrity cannot erase Zimbabweans' common sense

by Brian T Kagoro | 16 February 2018 | 184 Views

How to avoid flawed elections in Zimbabwe

by Ibbo Mandaza & Tony Reeler | 16 February 2018 | 185 Views

Chivayo braces for bruising wrangle

by Business Weekly | 16 February 2018 | 211 Views

Obert Mpofu cleared, he is not corrupt

by Business Weekly | 16 February 2018 | 310 Views

Mnangagwa urged to repeal laws that hinder free polls

by Staff reporter | 16 February 2018 | 150 Views

Cheating wife agony

by Staff reporter | 16 February 2018 | 336 Views

Man dumped for preying on maids

by Staff reporter | 16 February 2018 | 236 Views

Sangoma 'steals' wife

by Staff reporter | 16 February 2018 | 171 Views

Highlanders in no rush to spend

by Staff reporter | 16 February 2018 | 125 Views

Bees sting woman to death

by Staff reporter | 16 February 2018 | 140 Views

Busted while servicing pal's hubby

by Staff reporter | 16 February 2018 | 296 Views

Tsvangirai was courage personified

by Conway Nkumbuzo Tutani | 16 February 2018 | 122 Views

Woman runs amok in house fight

by Staff reporter | 16 February 2018 | 130 Views

Student savagely attacked by lover's wife, hired hit men

by Staff reporter | 16 February 2018 | 113 Views

Jilted cop 'impounds' ex-wife's panties

by Staff reporter | 16 February 2018 | 102 Views

Drama as hubby busts wife, lover

by Staff reporter | 16 February 2018 | 185 Views

Desperate fuel thieves arrested

by Staff reporter | 16 February 2018 | 94 Views

Dembare, CAPS match moved

by Staff reporter | 16 February 2018 | 141 Views

Zanu-PF MP sued over child upkeep

by Staff reporter | 16 February 2018 | 91 Views

Blow for Zacc

by Staff reporter | 16 February 2018 | 113 Views