Zimbabwe: Mnangagwa Dragged to Constitutional Court, Accused of Packing Senate With Zanu-PF Politicians
President Emmerson Mnangagwa has been dragged to the Constitutional Court over his appointment of 10 senators, with two applicants accusing him of packing the Upper House with politicians instead of independent professionals as required by the Constitution.
Thamsanqa Ncube and Ibhetshu LikaZulu are seeking an urgent order blocking the nominees from being sworn in and ultimately declaring their appointments null and void.
The respondents are Mnangagwa, the Speaker of Parliament, Justice Minister Ziyambi Ziyambi, the Attorney-General and the 10 nominees, Jabulani Sibanda, Makhosini Hlongwane, Mary Mliswa, Nokuthula Matsikenyere, Kudakwashe Tagwirei, Godwills Masimirembwa, Lucy Chitaga, Gen Gibson Mashingaidze, Brilliant Dube and Iren Mutumbwa.
The applicants argue that Section 120(1)(e), introduced through Constitution Amendment No. 3, requires the President to appoint 10 senators based on their “professional skills and other competencies” and after consultation with the National Assembly.
But they claim the nominees are predominantly Zanu-PF politicians or closely linked to the ruling party, defeating the purpose of the amendment.
The application says the appointments are “the precise opposite” of assurances given by Justice Minister Ziyambi during debate on the amendment.
Ziyambi had told Parliament: “The appointment power is not unbounded. The text requires that these 10 Senators be chosen for their professional skills and competencies.”
He said the new senators were intended to bring expertise “in finance, in science, in law, in technology, in public health”.
The applicants also challenge the consultation process, saying Mnangagwa’s nominees were simply announced in Parliament before the Speaker declared: “Recommendations put and agreed to.”
“There was no debate, no question, no point of order, and no opportunity for meaningful consultation,” Ncube says in the founding affidavit.
The applicants further argue that there is no legislative or parliamentary framework regulating the consultation process, making the appointments premature and unconstitutional.
They fear the dispute will become academic if the nominees are sworn in and begin voting in the Senate.
“The ten individuals are awaiting swearing-in. Once sworn, they will sit and vote in the Senate with full rights,” Ncube says.
The applicants want the court to stop the swearing-in and order that any fresh appointments only be made after proper procedures are established to ensure the nominees have the professional expertise required by the Constitution.
The case comes shortly after Constitution Amendment No. 3 increased the Senate from 80 to 90 members by creating the 10 presidentially appointed seats.
By New Zimbabwe.
