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From: as on 23 May 2010 12:52
Angry Tsvangirai takes on Mugabe

http://www.thestandard.co.zw/

Saturday, 22 May 2010 20:29

PRIME Minister Morgan Tsvangirai has written a strongly worded letter
to President Robert Mugabe warning him that he risks plunging the
country into a constitutional crisis following his unilateral
appointment of three High Court judges last week.

Sources said Tsvangirai's letter was delivered on Friday, a day after
Mugabe appointed controversial former Zimbabwe Electoral Commission
(ZEC) chairman, George Chiweshe, the Judge President of the High
Court.

Chiweshe's predecessor, Rita Makarau was elevated to the Supreme
Court while Nicholas Mathonsi, Andrew Mutema and Garainesu Mawadze
were appointed to the High Court bench.

The Prime Minister who only read about the appointments in the state
controlled Herald newspaper has demanded a meeting with Mugabe on his
return from South Korea.

The Standard two weeks ago broke the story of Chiweshe's impending
appointment.

Tsvangirai left for a business visit to the Asian country where he is
leading a delegation of businessmen and government ministers.

In his letter, the MDC- T leader who is under pressure to stop
Mugabe's continued disregard of the September 2008 power-sharing
agreement that led to the formation of the shaky coalition, reminds
the ageing leader of the dangers of violating the pact.

He made particular reference to Article 20.1.3 (p) of the
constitution, which says the president shall make key appointments
required under and in terms of the constitution in consultation with
the Prime Minister.

"In short, we are faced with a political, legal and constitutional
problem that needs to be addressed," Tsvangirai wrote. "It is
important that we meet immediately on my return from South Africa to
resolve this."

Mugabe and Tsvangirai who have not met in more than six weeks already
have a lot on their plate. Zanu PF threatened the unity government on
several occasions with unilateral decisions and the appointment of
the judges could be the last straw.

They are now expected to meet this Friday to consider the report by
negotiators from their parties so that South African President Jacob
Zuma can take his mediation in the Zimbabwe crisis forward.

Justice Minister Patrick Chinamasa was not answering his phone
yesterday and Media, Information and Publicity Minister Webster Shamu
was unreachable on his mobile phone.

His deputy, Jameson Timba said he was not aware that Tsvangirai had
written to Mugabe over the matter.

But a source said the PM might challenge the legality of the
appointments on the basis that they could plunge the country into a
constitutional crisis.

"I am not privy to the nature, soundness or otherwise of the advice
that the Honourable Chinamasa gave or may not have given to the
president," said the source.

"However, my simple reading of the constitution as amended tells me
that such appointments if they were done without securing the
agreement of the Prime Minister are not valid at law.

"The risk to the State is that any decisions made by the said judges
are likely to be set aside by a competent court."

Tsvangirai's Movement for Democratic Change has condemned the
appointments and the party appears to be particularly irked by the
choice for the new Judge President.

Chiweshe has a dubious reputation after he presided over the
inconclusive March 2008 elections and the subsequent one-man
presidential run-off, which led to the formation of an inclusive
government between Zanu PF and the two MDC formations.

The MDC-T also claims Chiweshe "actively colluded in electoral
malpractices which cost no less than 500 lives and he proceeded to
declare the election as free and fair".

BY KHOLWANI NYATHI

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