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Published On: Tue, Mar 10th, 2015

Mnangagwa: Madhuku Is No Professor

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VICE President Emmerson Mnangagwa has mocked NCA leader Lovemore Madhuku saying he doubts the University of Zimbabwe lecturer is really a law professor.

Mnangagwa was responding to Madhuku’s constitutional court application challenging President Robert Mugabe’s decision to fire Joice Mujuru and appoint two new deputies who also have ministerial responsibilities.

“I have perused and understood the founding affidavit of Professor Lovemore Madhuku, the second applicant and respond thereto in the paragraphs that follow,” said Mnangagwa in his founding affidavit.

“I have, however, always assumed that the term ‘Professor’ which appears in his name was a professional title or designation, and not part of his name. No doubt, I was wrong in this assumption.”

Mnangagwa replaced Mujuru after the latter was recently fired on allegations of plotting a coup against Mugabe with the veteran Zanu PF leader also using the opportunity to appoint Phelekezela Mphoko as second vice president.

Prof Madhuku argues that the appointments of Mnangagwa and Mphoko were unconstitutional.

He says since President Mugabe decided to work with one deputy after his 2013 election, he cannot now change his mind and appoint two vice presidents to replace the dismissed Mujuru.

But Mnangagwa urged the court to dismiss Madhuku’s application saying it was mischievous and without merit.

“I respectfully submit that the provisions of paragraph 14(2) (a) and (b) (of the Sixth Schedule of the Constitution) fully authorises first respondent (President Mugabe) to act in the manner that he did in initially appointing one Vice President and then subsequently two Vice Presidents after dismissing the initial appointee.

“I believe that the problem applicants suffer from is that they fail to read and interpret the Constitution as a living or organic document which adapts itself to a variety of situations or circumstances in order to achieve the purpose intended by its makers,” argues Mnangagwa.

The vice president, who also remains Justice Minister, insisted that President Mugabe is authorised under the constitution to assign his deputies to ministerial portfolios.

He explained: “With regard to the assignment by (Mugabe) of the administration of certain ministerial duties …

“I respectfully submit that (the president) is authorised to make the assignment in terms of the specific provisions of Section 99 of the Constitution, and that the reference to appointment to ‘any other public office’ in Section 103 of the Constitution excludes the specific provisions of Section 99 as both sections appear under the same Part 2 of Chapter 5 of the Constitution dealing with ‘The Executive’.

“Applicants’ (Madhuku) submissions that the assignments made by first respondent are unconstitutional is therefore, entirely, without merit, and should be dismissed by this honourable court.”

 

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