Zimbabwe judiciary put to sternest test ever…Decision is final
Saved under Legal Affairs, News, SOUTHERN AFRICA, Zimbabwe
Tags: Constitutional Court, MDC Alliance, President Emmerson Mnangagwa, President Nelson Chamisa, Zimbabwe judiciary
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Constitunional Court judges at the opening of the 2015 leagl year at the
constitutional court in Harare
The ball in now in the Constitutional Court (CC)’s court, after MDC-Alliance has successfully filed its petition, challenging President-elect Emmerson Mnangagwa (ED)’s victory, this has put the country’s judiciary under one of the most difficult tests ever.
The way the courts are going to handle this matter, would be a make or break in as far as the credibility and independence of Zimbabwe’s judiciary system is concerned. The courts are expected to sum up all their sober minds, and make a ruling that is objective.
To make this matter one of the most complicated test, is that the world is watching it with keen interest, with more than a thousand plus foreign journalists from different countries and media houses in the country.
A wrong-headed ruling will expose the country’s judiciary system.
Meanwhile, Section 93, subsection (3) of the Constitution states that the Constitutional Court must hear that petition within fourteen days after the case was lodged, and the court’s decision is final.
The court being the highest in the land on constitutional matters, means no appeal to any other court after its decision, therefore it is expected to uphold the highest degree of professionalism in determining its verdict.
Over the years, the country’s judiciary system has been accused of being captured by favouring the incumbent, while the executive had been lambasted for trying to influence court outcomes.
This is the time for the system to redeem its seemingly lost independence and credibility.
Recently, President-elect, ED came under fire when he twitted that he intervened in legal matters to have Tendai Biti released, a sign seen by many as a confession that he controls the country’s courts and determines the judiciary’s verdicts.
According to the Supreme Law of the land, the Constitution, the CC must make its decision before 24 August 2018, and the possible outcomes, may include nullifying the results and call for fresh polls, declaring ED the winner, among others.
