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Lawyers Group Takes Mugabe To Court Over PG

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By Staff Reporter

Harare, November 22, 2017 – WHILE President Robert Mugabe has gone, High Court judge, Priscilla Chigumba this Wednesday is set to hear an urgent chamber application filed by the Zimbabwe Lawyers for Human Rights (ZLHR) against his controversial decision to replace Prosecutor General (PG) Ray Goba.

In their application, ZHLR are seeking an order to interdict the former President Mugabe and the Judicial Service Commission (JSC) from instituting any processes for the appointment of a new PG.

Mugabe last month reversed Goba’s appointment through an Extraordinary Government Gazette which repealed an earlier one for his appointment.

ZLHR wants the High Court to interdict the President and the JSC from interfering with Goba’s appointment without following the removal from office procedures provided for in Section (259)(7) of the Constitution.

In a founding affidavit, ZLHR Executive Director Roselyn Hanzi, argued that the organisation has a direct and substantial interest in the obedience and observance of the provisions of the Constitution by all individuals and organs bound by it and that the Constitution is the supreme law of Zimbabwe and every conduct inconsistent with it is invalid to the extent of the inconsistency.

The human rights organisation contended that the PG can only be removed from office by President Mugabe upon the advice of a tribunal set up in terms of Section 187 of the Constitution and that the Constitution does not provide another different route that can be followed to remove the PG from office.

Hanzi argued that the purported reversal of Advocate Goba’s appointment through a government gazette is unlawful, ultra vires provisions of the Constitution in addition to being in breach of provisions of the Administrative Justice Act (Chapter 10:28).

ZLHR wants the High Court to issue an order declaring that the government gazette extraordinary notice number 642 of 2017 published on Friday 27 October 2017 purporting to repeal government gazette number 493 of 2017 invalid and of no legal force and effect.

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