Advocate Thabani Mpofu says when Mnangagwa appointed Chiwenga and Mohadi to act as president with him in the country, he abdicated(resigned)and repudiated his now vacant office. A new president must be nominated in terms of para 14(5) of the Sixth Schedule of the Constitution!
Part of his statement says:
In this regard, it does not matter how the inability arises. What is clear is that whatever cause is relied upon by the president must speak to an absolute INABILITY on his part to perform the functions of his office.
Further, the president cannot nominate both his deputies to act as presidents on a rotational basis. He can only nominate one at a time or to use the words of the constitution, “from time to time”.
In this case, the president is in Zimbabwe and could not have nominated one or both of his deputies to assume the position of Acting President. He also could not have nominated an Acting President on the basis of INABILITY to perform his functions given that such inability does not as a matter of objective fact exist.
As a result, the country is currently operating under an illegal regime in which the president has not only abdicated his constitutional obligation to observe the law, but has altogether repudiated his position as president. The repudiation comes in that without physical absence from the country or an inability to perform functions, executive authority cannot be delegated as has been done. The president not only having delegated the authority but also having been prepared to share it with his deputies has, by his objective actions, repudiated his position as head of state and government.
