Category: Public Office Charter of Zimbabwe

THE LEADERSHIP CONUNDRUM

Raphael Moyo

Yesterday, Mr Mutumwa Mawere attended a dinner hosted by the African Leadership Magazine and the keynote speaker was former President Mahama of Ghana. He was privileged to explore his hypothesis that leadership is a tired concept that needs critical interrogating when Mr Mawere asked the question of whether one can elect competence and capacity. Mr Mawere made the point that a fool before elections will remain a fool after elections. An elections occurs outside the power of the individual whose authority arises after the counting of votes. Mr Mawere also…

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THE ENFORCEABILITY OF RESTRAINT OF TRADE AGREEMENTS

Raphael Moyo

In many instances an employer requires its employees to sign a certain restraint of trade agreement which in essence bind the employee from not being employed by the employers competitors. What to take note of here would be the fact that an employer would invest its time and money in training the employee to best fit the particular market and just as the employee has sufficient training and insight into the field the employee would resign and go and work for a competitor. What many employers have now decided to…

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Mujuru challenges Presidential powers

Raphael Moyo

Zimbabwe People First leader Dr Joice Mujuru has gone to the Constitutional Court to challenge the legality of a Presidential decree providing a legal framework for the introduction of bond notes as legal tender. President Mugabe issued a decree this week authorising the introduction of bond notes, which are expected to ease the liquidity crunch gripping the country. Dr Mujuru filed her application in the Constitutional Court yesterday and listed President Mugabe, Parliament, Finance and Economic Minister Patrick Chinamasa, Reserve Bank of Zimbabwe Governor Dr John Mangudya and Attorney-General Advocate…

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Understanding Constitution – Bank of Knowledge.

Raphael Moyo

1. Constitution• The supreme law of the land.• The basic law of a state which sets out how that state will be organized, the powers and authorities of government between different political units, and by stating and the basic principles of the society.• In Black Law Dictionary,“ The fundamental and organic law of a nation or state that establishes the institution and system of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”• Tomas Paine remark that,“ Government without a Constitution is a…

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Think-tank challenges Presidential Powers

Raphael Moyo

LEGAL think-tank, Veritas, says the Presidential Powers (Temporary Measures) Act is unconstitutional and needs to be repealed. In its recent post on alignment of 126 laws with the Constitution and the General Laws Amendment Bill which is currently before Parliament, Veritas expressed disappointment that critical unconstitutional laws such as the Presidential Powers (Temporary Measures) Act and the Official Secrets Act were not being amended. “Statutes such as the Official Secrets Act and the Presidential Powers (Temporary Measures) Act are so unconstitutional that those statutes will have to be completely re-thought…

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THE POLITICIZATION OF THE STATE

Raphael Moyo

To what extent is the hypothesis that in the post-colonial era, state institutions that promote and protect the rights entrenched in the constitution has been sufficiently compromised by the executive branch of the state so as to undermine the integrity of the democratic order promised by independence? There is no doubt that President Mugabe would vehemently dispute any proposition that the separation of powers doctrine has been respected to the letter of the law under his watch. Many have warned South African of the dangers of following the ZANU-PF model…

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They call the Third World the lazy man’s purview

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This article was penned by Field Ruwe. He is a US-based Zambian media practitioner and author. He is a PhD candidate with a B.A. in Mass Communication and Journalism, and an M.A. in History. They call the Third World the lazy man’s purview; the sluggishly slothful and languorous prefecture. In this realm people are sleepy, dreamy, torpid, lethargic, and therefore indigent—totally penniless, needy, destitute, poverty-stricken, disfavored, and impoverished. In this demesne, as they call it, there are hardly any discoveries, inventions, and innovations. Africa is the trailblazer. Some still call…

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Zanu PF plunders state resources

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Over the years, the Zanu PF regime has always illegally and unconstitutionally conflated the relationship between Zanu PF as a political party and the State or government. Because Zanu PF is basically a commandist and totalitarian quasi – political and militarised organisation, they have never, ever appreciated that a political party, even if it happens to be the ruling party, is not the same as a government. Put alternatively, the ruling party is not the government and conversely, the government is not the ruling party.In a modern constitutional democracy,these two bodies…

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#PublicOfficeCharter of Zimbabwe

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This is what the Constitution of Zimbabwe demands of every public official of Zimbabwe. Every public officer should respect the fundamental rights or freedoms of any person – s48-78 (Bill of Rights). Public power should be exercised in a “lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair” way – s68(1). Any person whose right, freedom, interest or legitimate expectation has been adversely affected by a public official has the right to be given promptly and in writing the reasons for the conduct. – s68(2). Vice Presidents,…

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