Gutu, a former MDC-T vice-president who joined Zanu PF
early this year, last month called Gukurahundi “a small, tiny fraction” of the
issues the NPRC was dealing with.
The Zimbabwe Human Rights Association (ZimRights) now wants
the High Court to bar Gutu from serving as an NPRC commissioner for allegedly
failing to renounce his Zanu PF membership as demanded by the law.
ZimRights argued in
its court application that Gutu was not eligible to perform his duties as a
commissioner because he had not relinquished his political party membership.
Gutu was appointed a commissioner in the NPRC a month after
he joined the ruling party and was recently appointed spokesperson of the peace
body and chairperson for its complaints handling committee.
Through its lawyers from the Zimbabwe Human Rights NGO
Forum, ZimRights argued that Gutu failed to renounce his Zanu PF membership
within 30 days of his appointment in accordance with section 236 of the
constitution.
“On 17 March 2021 the first respondent joined Zanu PF,”
ZimRights executive director Dzikamai Bere stated in the founding affidavit.
“The announcement was made following the appearance of the
first respondent at the State House where he was welcomed into the political
party by President Emmerson Mnangagwa, who is also the first secretary of Zanu
PF.
“On 29 March just eight days after his avowed membership to
Zanu PF, the first respondent’s name was shortlisted as a potential member for
the NPRC.
“The first respondent was shortlisted as a potential member
of the NPRC on May 7 2021, which marks the date of his appointment.”
Bere said Gutu confirmed his Zanu PF membership in media
interviews after leaving the MDC-T.
Gutu, through his lawyers Thompson Stevenson and
Associates, claimed he abandoned his plans to join Zanu PF when he was
appointed an NPRC commissioner.
He said his statements in the state media on his Zanu PF
membership were an expression of intention and interest.
“There is no basis for the relief sought in terms of
section 263 (3) (b) as I was not formally admitted into the Zanu PF political
party, thus there is no membership to be relinquished,” Gutu said in his
opposing affidavit.
“I never formally became a member of Zanu PF. My expression
of intention to become a member must
never be construed as acquiring membership worth relinquishing.
“There was no need for me to provide information pertaining
to relinquishment of membership through public announcement because I never formally
became a member of Zanu PF at any point.”
Mnangagwa and the NPRC were cited as respondents in the
matter. The ZimRights application is yet to be set down for a hearing.
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