Mnangagwa violated ZANU PF Constitution, says Chamisa’s lawyer

Advocate Thabani Mpofu says President Emmerson Dambudzo Mnangagwa violated the ruling party ZANU PF’s Constitution when he made changes to the Politburo.

 

Mpofu who represented popular politician and former Citizens Coalition for Change founding president Nelson Chamisa in a court case against President Mnangagwa says he has reviewed the ZANU PF Constitution.

 

He writes:

“I have reviewed the ZANU PF Constitution (both the 2014 and 2022 versions) thoroughly and can state the following with authority:

 

1. The letter from Chris Mutsvangwa purporting to announce changes to the ZANU PF Politburo is invalid. It claims the decision to relieve Obert Mpofu of his office as ZANU PF Secretary-General was taken under Article 9, sections 65 and 67.

 

Article 9 concerns Politburo functions generally and does not confer authority for the First Secretary to reassign office-holders. Section 65 addresses the functions of the Secretary for Economic Development and Empowerment; section 67 addresses the functions of the Secretary for Healthcare of the Child and the Elderley. Neither provision authorizes the personnel change Mutsvangwa communicates. For that reason, the letter does not effect a lawful change of office.

 

1. Article 9, section 63 establishes the office of Secretary for Media, Information and Publicity. Mutsvangwa’s letter is signed as “Secretary for Information and Publicity and Party Spokesperson.” That composite title, used to arrogate spokesperson authority, does not exist in the Constitution. A communication signed by a non‑existent constitutional office-holder has no legal effect.

 

1. Even if Mutsvangwa’s title were a typographical error, the office created under section 63 is not the designated spokesperson of the First Secretary. Therefore the letter does not purport to communicate the authoritative position of the First Secretary. There is no letter in existence which purports to have been written by the ZANU PF First Secretary.

 

1. Nothing in the ZANU PF Constitution vests the First Secretary with the unilateral power to make the reassignments announced. Section 54 is clear on this as it sets out the full remit of his powers.

 

In fact, in terms of section 49 the power to appoint heads is exercised during Congress and not anytime thereafter. A power not enshrined in the Constitution cannot lawfully be exercised.

 

Accordingly, if the position is maintained that the First Secretary lacks authority to reassign Mpofu et al, and that position is not accepted, a dispute arises mandating resolution. In the meantime, it’s back to original settings.

 

Whilst I’ve cited provisions from the 2022 version, the conclusion to be retained is maintained even if we use the 2014 version.