DETAILS have emerged of a controversial meeting between MDC
deputy president Elias Mudzuri and secretary-general Douglas Mwonzora as well
as Chief Justice (CJ) Luke Malaba, which has seen daggers being drawn against
the two politicians.
Mudzuri and Mwonzora met Malaba and his deputy Justice
Elizabeth Gwaunza at the Constitutional Court (ConCourt) in Harare where the
two are accused by pro-party leader Nelson Chamisa supporters of tendering an
apology to the chief justice.
This was after MDC Alliance MPs embarrassed Malaba during
the swearing-in of new MPs in September.
Mwonzora and Mudzuri met Malaba soon after the ConCourt
threw out Chamisa’s petition challenging President Emmerson Mnangagwa’s July 30
disputed election victory.
According to minutes of the meeting obtained by The
Standard, the two wanted to mend relations between the opposition party and the
judiciary following the acrimonious election dispute.
“The purpose of the meeting was to discuss the relationship
between the judiciary as an arm of the state and political parties in view of
recent developments and various statements on social media,” reads part of the
minutes in our possession.
“It was emphasised that the purpose of the meeting was not
to discuss any personalities or judgements made by the Constitutional Court.
“Hon Mudzuri thanked the Chief Justice for the meeting. He
introduced the secretary-general Hon Mwonzora.
“He stated that the MDC has specific positions regarding
the separation of powers, the judiciary, the Constitutional Court as well as
the officers within the judiciary in particular the Chief Justice himself which
it wanted to make clear to the CJ and his team. He called upon Hon Mwonzora to
outline these.”
Mwonzora told the meeting that the MDC respected the
doctrine of separation of powers between the executive, judiciary and the
legislature, but was against the domination of one arm of the state over the
others.
The two said their party had a right to criticise the
behaviour of any arm of the state including the judiciary.
“That criticism should not be regarded as disrespect or
contempt of that arm, but part of positive criticism, which is the cornerstone
of any democratic system,” added the minutes.
Mwonzora and Mudzuri said their party stands for a truly
independent judiciary, but for the judiciary to be truly independent it had to
receive the necessary support from all the stakeholders.
They said the MDC would play its role both within
Parliament and outside to make sure that the judiciary is not undermined and
its independence preserved.
Mwonzora told the meeting that during the
constitution-making process, the MDC was instrumental in the establishment of
the ConCourt.
“The criticism of the Constitutional Court or any other
court should be viewed as enhancing rather than diminishing its independence.
Fair and objective criticism of the courts should be encouraged in Zimbabwe,”
he is quoted as saying.
During the discussions, concern was raised over a number of
articles on social media “maligning” the judiciary and the claims that the MDC
was behind the messages.
In response, Mwonzora said the party only communicates
through the office of the spokesperson and not social media.
“On the recent heckling of the Chief Justice by members of
Parliament, Hon Mudzuri advised the meeting that this had not been planned by
the party and appeared to have been a spontaneous reaction by the MPs to the Constitutional
Court ruling in the presidential election petition,” the minutes added.
“However, the petition was clearly not a subject matter for
discussion in the meeting as previously stated.
“The MDC assured the Chief Justice that the reaction of the
MPs was not directed at him personally.
“He regretted it that an impression had been created in the
state media that the reaction had been directed to him personally.
“He reiterated that the party and its president retained a
lot of respect for the person of the Chief Justice and would maintain the
distinction between the judicial officers, including the Chief Justice, and the
decisions that they make.”
Malaba “thanked the MDC for the courtesy and respect that
they had shown to the judiciary, the Constitutional Court as an institution and
his person through this engagement”.
However, Mwonzora and Mudzuri’s opponents in the party are
now using the meeting to push for their ouster.
The two, who have been linked to a group plotting to oust
Chamisa, refused to comment on the matter. Standard
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