1/24 Thank you @ProfMadhuku for an interesting but wrong opinion that s96(2) of the Constitution applies only to vps who're running mates & not current vps who're appointed. I offer my rejoinder because I triggered the debate👇🏿

@adv_fulcrum & @Wamagaisa
2/24 You fatally misunderstand the IMPORT of s96(2) by linking the public notice of a resignation of a vp to HOW they ASSUMED office, when it is about announcing a VACANCY that affects SUCCESSION to the Presidency; regardless of whether the resigning vp was ELECTED or APPOINTED!
3/24 I will elaborate on the above key point later, but first some points in limine on some surrounding observations. Firstly, I don't understand why you thought it necessary to present your opinion as an "extract from an academic manuscript". Is it a peer reviewed "extract"?
4/24 An academic legal treatise would have cited relevant authorities or case law to support your argument or opinion. But you proffered none, yet you know only too well that binding legal opinions come from the superior courts. Your opinion is speculative, with no stare decisis!
5/24 It's obtuse to come waving one's academic or professional credentials to a popular public or media platform like these streets. Here all interlocutors are equal; all arguments are made & sustained on their merits, and not on some self-proclaimed "inner eye" of whatever kind!
6/24 Interestingly, your mobsters claim that my colleagues, former ministers, and I who were law students at UZ are dropouts; as if law can only be studied at UZ or in Zim. I did not drop out of UZ, I was violently pushed out of ZIM and I exited in terms of INTERNATIONAL LAW!
7/24 The law is not made for lawyers; I say this having served as a lawmaker in Zim for 17 years. The law is made for the people whom it serves. Period. The power to interpret the law rests with the courts, not with lawyers; even non lawyers can represent themselves in court!
8/24 But lawyers have a key function, in constitutional democracies, not least to help the courts to interpret the law. But what lawyers say is never binding; it can only be persuasive. Hence it's unnecessary for lawyers to claim, as you did, "inner legal eyes" in public debates!
9/24 You premise your opinion on a false presumption that "every Constitution has two provisions, namely: 1. express provisions; 2. implied provisions". What are the authorities for this presumption, whose staggering import is that every Constitution has hidden provisions?
10/24 In my view, as a former lawmaker who was closely involved in two constitution making processes in Zim, I find the proposition that every Constitution has written (express) & unwritten (implied) provisions to be absurd, from the standpoint of transparent constitution making!
11/24 It's a settled position that the framers of a democratic Constitution must say what they mean & mean what they say to avoid hiding their intent or inviting consequences that are anomalous or absurd. That's why the literal rule is the first canon of statutory interpretation!
12/24 As a principle, modern Constitutions are written not for legal experts but for the generality of the people from whom executive, legislative & judicial authority is derived. To have, as a rule, unwritten or hidden, or your implied, provisions; would negate this principle!
13/24 It's possible & is common that a constitutional provision is not sustainable by its literal interpretation; and may require other rules of interpretation to establish its meaning (intent of its framers); which is not the same as unearthing an unwritten or hidden provision!
14/24 In the circumstances @ProfMadhuku, you start by asking a false question: "Does section 96(2) of the Constitution of Zimbabwe, 2013 apply to resignations of current Vice Presidents? This is not the right question; it's YOUR ANSWER to a question, you're avoiding to deal with!
15/24 Based on the agreed facts, the legal question, that you seek to avoid in vain is this:

Did President Mnangagwa breach the Constitution by failing to inform the public of former VP Mohadi's resignation, within 24hrs of his receipt of the resignation notice; as per s96(2)?
16/24 Your wrong framing of the question is as problematic as the quandary of a guy who, after parking his car on the unlit roadside enters a bar; upon leaving drunk, he realises he has lost his car keys & decides to look for them on the lit side of the road, hoping to find them!
17/24 It's clear @ProfMadhuku you realise that President Mnangagwa breached s96(2) of the Constitution; and you're trying to assist him to escape the consequences. But you're on the wrong side of the road, the lit side; no hiding, everything can be seen, there are no keys there!
18/24 Now @ProfMadhuku, on para 31 of your opinion, you're fixated with the false presumption that s96(2) is linked to the running mate concept. Dead wrong: only sections 91, 92, 93, 94, 95 & 97 are linked to, or are affected by, the running mate concept in the 2013 Constitution!
19/24 On paras 31 & 32 of your opinion, you claim that s96(2) is necessitated by the fact that the Vice Presidents are elected officials, as running mates & that therefore their resignation must be notified by the President to the ELECTORATE. No. Your "inner legal eye" is blind!
20/24 As mentioned earlier, s96(2) has nothing to do with whether the Vice Presidents are ELECTED, as running mates with the President, or they are APPOINTED by the President. Rather, the public notice is necessary because their resignation affects SUCCESSION TO THE PRESIDENCY!
21/24 A Vice President, whether elected or appointed, is at all times a potential President. So, when a Vice President resigns; the PUBLIC, not the ELECTORATE, must know about the resignation as soon as possible, within 24 hours; given its implication on the SUCCESSION QUESTION!
22/24 It is because of its link with the SUCCESSION TO THE PRESIDENCY that s96(2) is unaffected & thus NOT suspended by the 6th Schedule. It is trite that a provision of the Constitution that's neither specifically suspended nor is in conflict with the 6th Schedule is OPERATIVE!
23/24 To rest the matter, it's instructive that Constitutional Amendment (No.) before Parliament repeals ALL THE RUNNING MATE provisions in ss 91, 92, 93, 94, 95 & 97 but RETAINS, as is, s96 & ALL the current provisions of the 6th Schedule on SUCCESSION!

24/24 ALL TOLD, it's clear that @ProfMadhuku's claim that s96(2) is currently suspended along with the running mate provisions is baseless & self-indulgent sycophancy. It is designed to protect President Mnangagwa who is in clear breach of s92(2) over Mohadi's resignation!
*In breach of s96(2)*

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More from @ProfJNMoyo

3 Mar
1/17 It's outrageous & unfortunate that some quarters are alleging, with no proof, that @zimlive got the Mohadi audios from a #ZanuPF faction linked to the #CIO or #MID. The allegation is aimed at discrediting @zimlive. It's a bizarre case of shooting the messenger!
2/17 The bizarre claim is that, so as not to be duped by a ZanuPF faction as happened in the 2017 coup, the opposition shouldn't be excited about @zimlive's historic exposé of Mohadi's salacious phone-chats with women, one married, which led to his resignation as Vice President!
3/17 The claim is bizarre not only because its peddlers purport to know @zimlive's sources of the Mohadi audios, but also because they seek to appropriate and own @zimlive; as part of their political agenda, whatever that agenda is, in Zim's current toxic & treacherous politics!
Read 17 tweets
18 Jan
1/9 Dear Hatred Zenenga
Editor, @HeraldZimbabwe

Hatred, I refer to your scurrilously defamatory story in the @HeraldZimbabwe today (18 January 2021) in which you allege that I face rape accusations. I take your scandalously false allegations seriously!

2/9 Your story alleges that Mrs Sipho Mazibuko claims in a Facebook post that I "RAPED" her 11 years ago. Her attached Facebook post that I've seen alleges that I "SEXUALLY ABUSED" her, which I categorically & emphatically deny. You've elevated her "sexual abuse" claims to RAPE!
3/9 On 13 January 2021, your @HeraldZimbabwe published a revealing article about Mrs Sipho Mazibuko and her issues that I am attaching herewith, whose contents speak for themselves, as a background to your scurrilously defamatory story published today👇🏿!
Read 9 tweets
12 Dec 20
1/6 @TeeMuchehiwa, nephew of @zimlive editor, @Mathuthu, was abducted on 30 July 2020 by Mnangagwa's Ferret Force, which tortured him for three days. The Ferret Force was/is looking for @Mathuthu to get him to name the source who fingered Auxillia Mnangagwa in the Drax drug scam!
2/6 This is part of the FERRET FORCE that abducted @TeeMuchehiwa. The team has been separated & redeployed around the country, to hide them. For example Frank Muzembe is now in Mash West; Innocent Chigona in Mash Central; Joshua Zingwe in Masvingo; Ronald Musarurwa still in Byo!
3/6 Another ferret in @TeeMuchehiwa's abduction who deleted his pictures when others were outed is Loveridge "Chief Svosve" Chinyanga, Officer in Charge of #CIO's Matapi station. He is said to be notoriously ruthless & muscles his way to be part of abduction & torture operations!
Read 6 tweets
8 Dec 20
1/21 I'm uploading herewith raw evidence which exposes Mnangagwa & his wife Auxillia as the barons & beneficiaries of money laundering & gold smuggling by one Mohamed Zakariya Patel. The evidence covers the period from 24 May 2018 to 14 January 2019!
2/21 As is often the case in such matters, the main enabler tends to vary either their name by use of different spellings or even use of different names. So, here you get Mohamed Zakariya Patel, or Mohamed Zakaraya Patel or Mohammed Zackaraya Patel commonly known as "Zaks Patel"!
3/21 The raw evidence consists of WhatsApp chats between Mohamed Zakariya Patel & Ishamaiel Mossa Lunat; along with key documents that backup the content of the chats. The chats specifically refer to "Number 1" (Mnangagwa), "first lady" (Auxillia) & "Pres (President's) Office"!
Read 21 tweets
6 Dec 20
1/24 @MinisterSBMoyo's PA Lynette Mahlaba has been AWOL from circa Feb 2020 & not seen at the Ministry since lockdown. Staff say she's training for posting in SA or on maternity leave. Truth is SB lied to wifey that he fired his PA in Feb yet he moved her to a Kuda Tagwirei bldg!
2/24 The Kuda Tagwirei bldg is on 11 Argyle Drive, Newlands, Harare. That's where @MinisterSBMoyo, who has a private office there, has literally been hiding his PA from his wife, under the false pretext that he fired her in Feb; yet she's still with him on the Ministry's payroll!
3/24 It is an open secret in the foreign affairs ministry that @MinisterSBMoyo is in a relationship with his PA. Things came to a head in Feb when SB's wife said she didn't want to see the PA at the Ministry. SB then moved her to a Tagwirei bldg, but lied that he had fired her!
Read 24 tweets
13 Oct 20

1/4 After Justice Happias Zhou came third in recent public interviews for ConCourt judges, Chief Justice Malaba has arm twisted the interviewing panel to remove Zhou's name from @JSCZim list of five judges recommended for ConCourt appointment!
2/4 Out of seven judges interviewed by the @JSCZim panel chaired by Chief Justice Malaba, five were nominated by Mnangagwa's office: Justices Chinembiri Bhunu, Paddington Garwe, Annie-Marie Gowora, Ben Hlatshwayo & Rita Makarau. Excluded were Justices Bharat Patel & Happias Zhou!
3/4 The top three performers from the public interviews as scored by the @JSCZim interviewing panel were:

1. Justice Rita Makarau

2. Justice Paddington Garwe

3. Justice Happias Zhou

The ordering is per how they were ranked according to their performance!
Read 4 tweets

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