PRESIDENT Emmerson Mnangagwa has been dragged to court by a
Harare man, Alison Charles whose brother was shot and killed alongside six
other civilians in post-election violence on August 1.
Charles is seeking to bar the seven-member commission of
inquiry which was appointed to probe the post-election violence, from
conducting any enquiry before completion of his court challenge.
Charles, whose brother Gavin Dean was allegedly shot dead
by soldiers, has partnered with the Counselling Service Unit and jointly filed
an urgent chamber application seeking an order to interdict Mnangagwa from
operationalising, and or in any way proceeding with the inquiry until his
application challenging the composition of the probe team has been determined
by the court.
In his application filed on Wednesday, Charles said: “The
legality of the first respondent’s (Mnangagwa) executive decision to appoint
the commission of inquiry, the composition of such and its terms of reference
have and are being challenged by the applicants before this honourable court
under case number HC8436/18.”
Following the skirmishes that rocked Harare on August 1,
Mnangagwa, on August 29 appointed a seven-member commission led by former South
Africa President Kgalema Motlanthe.
Other members of the commission include United
Kingdom-based Rodney Dixon QC, former Commonwealth secretary-general Chief
Emeka Anyaoku of Nigeria, former chief of the Tanzania People’s Defence Forces
General (Retired) Davis Mwamunyange, constitutional lawyer Lovemore Madhuku,
University of Zimbabwe lecturer Charity Manyeruke and former Law Society of
Zimbabwe president Vimbai Nyemba.
But through his lawyers, Atherstone and Cook, Charles said
Mnangagwa’s commission would not deliver, arguing “it is comprised of biased
commissioners” such as Manyeruke and Madhuku.
The matter is yet to be heard. Newsday
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