Mugabe and Tsvangirai taken to court
8 May 2010
By Peta Thornycroft
A pro democracy group in Zimbabwe is going to court this week seeking immediate dismissal of seven ministers claiming their appointment to the cabinet was unconstitutional.
The Voice of Democracy Trust, its chairman and a civil society activist are taking President Robert Mugabe and prime minister Morgan Tsvangirai to the Harare High Court claiming that a constitutional amendment passed on February 5 last year to enable formation of the inclusive government stipulated the cabinet would have 31 ministers.
In the scramble over the formation of the inclusive government ten extra cabinet ministers were sworn in by Mugabe and consented to by Tsvangirai, some nearly a week after the unity government came to power.
According to the application for the Harare High Court, Zanu PF indigenisation minister Saviour Kasukuwere is an “illegal” member of the cabinet.
Kasukuwere launched new laws three months ago which demand every company in Zimbabwe valued at more than US$500 000 cede 51 percent control to black citizens.
The application seeking his immediate dismissal, says any regulation, or executive act committed by any of the extra cabinet ministers is “null and void.”
Another high profile Zanu PF personality named in the application is Joseph Made, a long-serving agriculture minister who secretly used state resources to personally manage Mugabe’s clutch of farms seized from white owners.
The MDC also has “extra” cabinet ministers; co home affairs minister Giles Mutsekwa who has come in for heavy criticism from many MDC supporters in the last year.
The low profile MDC health minister Henry Madzorera is similarly affected as is veteran MDC leader Sekai Holland, now heading up an “organ” which tries to bring reconciliation between Zanu PF and MDC.
The applicants say that as tax payers they are offended that state resources have been spent on the extra ministers since their appointment.
Applicant Movern Kufa states: “As a citizen…I am entitled to demand that the constitution is respected and that the legislative process is not compromised by these unconstitutional appointments. Any executive act
undertaken by the unconstitutionally appointed “ministers” is null and void, including the making of regulations.”
Three of the original 10 extra ministers sworn in to office have since moved out of the cabinet.
Zanu PF Justice minister Patrick Chinamasa was not available for comment Friday.
ends