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A civil society activist, Moven Kufa, who is seeking the nullification of the appointment of the current 41 ministers as opposed to 31 according to the Constitution, argued before the Supreme Court yesterday that the appointment of the ministers were invalid.
The cited ministers are; Saviour Kasukuwere (Youth Development and Indigenisation), Joseph Made (Agriculture), Walter Mzembi (Tourism), Flora Bhuka (Minister of State in Vice-President John Nkomo's Office), Sylvester Nguni (State in Vice-President Joice Mujuru's Office), Henry Madzorera (Health), Giles Mutsekwa (Housing) and Sekai Holland (National Healing).
Kufa is being represented by Advocate David Ochieng. Asked by Chief Justice Godfrey Chidyausiku how the appellants arrived at the specific individual ministers, Ochieng said the names were picked according to the sequence in which they signed and subscribed to the oath of office.
Justice Chidyausiku further queried why Zanu PF and the two MDC parties were not cited as respondents since they were responsible for the nomination of the ministers, but Ochieng said it was their appointment not nomination which was being contested.
Mugabe and Tsvangirai's lawyer, Advocate Lewis Uriri, argued that the appellants, Kufa and The Voice for Democracy Trust, had
no locus standi to sue the President and the Prime Minister over the appointments of the ministers.
Uriri maintained Kufa and The Voice for Democracy Trust's rights were never violated and the appointment of the ministers was in accordance with the Constitution.
He argued that the Constitution stated that there shall be 31 ministers giving the President and the Premier a guideline of how many ministers could be appointed.
"The section of the Constitution being referred to was directory and not peremptory," Uriri said. Judgment in the matter was reserved.
The full Supreme Court bench comprised Chief Justice Chidyausiku, Justices Anne-Mary Gowora, Vernanda Ziyambi, Paddington Garwe and Yunus Omerjee heard the case.
Source: newsday
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