By Mari Matutu | 1) In line with the people of Zimbabwe’s planned demonstration of 31 July 2020 we need to produce the following charges over violations against the constitution.

A)s162 of constitution says “Judicial authority derives from the people of Zimbabwe and is vested in the courts, “

On 31 July 2020 we the people of Zimbabwe must revoke our judiciary authority we have given the courts and Judiciary commission for following reason

i) On 30 March a Constitutional judgement was issued to the effect that amendment number 1 of our 2013 Constitution was unconstitutional. In effect it means all the appointments of judges in courts after the amendment are invalid and unconstitutional.
It means Chief Justice, Deputy Chief Justice, Judges president appointments are invalid and unconstitutional.
It means the Constitutional court that sat and decided election dispute of 2018 as a full bench was improperly constituted. It was based on appointments of one person. s166(3)(a) demands that when they seat for election dispute they seat as full bench. If one or two or more of the judges were appointments that used the amendment then it means the judges are unconstitutional and the bench was not constitutional.
This is why we see all the shenanigans happening in the legislature to try and bring back a bill from previous parliament and shove the amendments. That is why we see members of parliament are being removed from parliament by another party. There is connivance between the legislature and Judiciary to grab people’s authority and amend the constitution without remedy.

ii) Now that we have no legit Chief Justice, legit, Deputy Chief Justice, legit, Judge president there is constitutional crisis that cannot be corrected by those that created it. The parliament, the executive and judiciary have become interested parties with some having personal interest. They cannot be their own judges. The same speaker who was before the courts, same minister of Justice, same president who appointed current judges using the same amendment cannot independently correct the injustice and no Zimbabwean can go to court and have fair and independent ruling that can be constitutionally be followed if we look at the unconstitutional conduct of parliament over the matter that will jam our democracy. Once stooges are place in office it means for years our judiciary remedy shall be at stake.
This must be stopped by withdrawing our collective judiciary authority and put things to order.

iii) The Sixth Schedule of constitution on Constitutional court as read with s183. By 31 July 2020 we would be 7 years after the 2013 constitution was signed into law. No Judges of Constitutional court have been interviewed by public in order to receive our judiciary authority. The time frame 7 years for Supreme court judges to act as Constitutional court has lapsed. It over. They cannot as well be appointed by a single man on our behalf. It means as of now we have no Superior court of the land. We have no legal constitutional remedy. The decision cannot also be done through amending constitution by legislature but without legal remedy. It will be making the president the judiciary authority and executive authority and violates constitution. The matter can only now be decided by Zimbabweans.

iv) The conduct of present judges leaves questions in the minds of many. The judgement that are moot and academic are used as a decoy and cause despondency in the electorate. It shows there is connivance between the executive, the judiciary and legislature as shown by conduct of them from 30 March 2020. In that the courts delivered two judgements on a political party dispute and constitutional amendment. The people who could voice on the constitutional crisis were from opposition. The state machinery from publicity was made to publicise the political dispute and remove the attention of the people from real issue of constitutional crisis. We same some funny actions of parliament that after a High court judge found out the recall of MPs by Mwonzora using MDC T is out of order and Mwinzora cannot nominate replacements. The speaker shows he is interested in the matter of a political party and appealed the decision to a trusted court where they have leverage. Even after knowing through courts that there is a dispute in MDC which can only be solved privately and has nothing to do with parliament the speaker recalled more MPs. It looks like there is dispute in MDC but the truth is there is non because Khupe never approached courts for any remedy. When she felt she is not wanted she formed her wing and contested election and conceded defeat. She even went to Constitutional court as MDC T and Chamisa as MDC A and responded as such. The nomination courts accepted nominations in that manner. The people voted knowing what they want. The whole conduct is effort to change the constitution and allow proceeding of court to sail through without challenges. Later they appoint Judges of their choice.

v) Justice Chiweshe was appointed judge president using same amendment in question. He is the same judge who withheld elections results of 2008 for 6 weeks. He was working with Silayigwana in ZEC. If the public is not aware of the constitutional crisis in Judiciary they cannot interpret the conduct of these military man in our constitutional bodies. In terms of Defence act any retired military officer is offloaded to Reserve army which is member of defence forces. These two steal remain like that for life. The Judge president is selecting cases of opposing the conduct of the Parliament and dishing them to selected judges and control the activities. Silayigwana is manipulating the electoral process and issuing statements that are beyond the mandate of CEO of ZEC. All is effort to subvert the will of the people and constitution.

B) will leave the others to say what they think of a Chief Justice who block the access of real time saver of election, a bunch of files that were filed in an election petition got missing in the hands of the court and at the end he says Figures have no value in election. A violation of s3 of the constitution and dampen the hope of ever getting justice on election if to him figures do not count and if ZEC announce any figure which is unbelievable according to him the only method to prove is to open ballot boxes of all election centres. What will be the purpose of other returns in between polling station and announcement. That can only happen through a compromised judiciary. One that is not independent. The judiciary that abuse the constitutional provision of saying their decision is final. The people of Zimbabwe cannot stand aside while their birth right is abused by a cartel. The opportunity is now or never. The evidence is there and overwhelming that as of 31 July Zimbabwe has no more Constitutional court because it is not properly constituted and process cannot happen by appointment of a president who is using powers he got from illegitimate bench and use unelected electorate to decide on behalf of Zimbabweans.

C) The same amendment that annulled had effect to the appointment of Prosecutor General. The seating PG did not pass the interviews but was appointed using the annulled amendment. What it means he is unconstitutional. That is why he is using the official powers to persecute the lawyers in order to instill fear in them. Most people may not notice the reasons of arrests happening but it all have to do with this constitutional crisis. Some times people are abducted or locked up without a cause. The reason is to instill fear and sometimes it is a way to spy because all the contacts of those in custody may discuss about an action on what people plan on this constitutional crisis.
Bottom line everything is now off rail and no way it can be fixed without involvement of the electorate.

Over our dead bodies. We are not second class citizens.