LESS than two months before his first election, President Emmerson Mnangagwa has been dragged to the Constitutional Court by a citizen who is arguing takeover of power was illegal.
Last November’s military intervention, code named Operation Restore Legacy, forced then President Robert Mugabe to resign.
Bongani Nyathi says the operation was a violation of the country’s supreme law.
He wants the Constitutional Court to grant him locus standi, arguing Mnangagwa, Vice President Constantino Chiwenga, new Commander Defence Forces Philip Velario Sibanda and Mugabe’s failure to file notices of opposition to the application was a sign they agreed with his arguments.
Only Speaker of Parliament Jacob Mudenda reportedly deposited his notice to oppose Nyathi’s application.
“The main issues for determination are the constitutionality of actions or behaviour of members of the 3rd respondent (the Zimbabwe Defence Forces) under the stewardship or command of 2nd respondent (Chiwenga) during the period from 13th November leading the resignation of the 5th respondent (Mugabe) from the office of President of Zimbabwe,” said Nyathi.
Mugabe was placed under house arrest by the military during the operation the military argued was for his own good.
However, Nyathi argues in his application that this move actually inhibited the former President from executing his executive duties.
The military, Nyathi avers, also institutionally deployed itself, in the process, violating section 213 of the Constitution.
Speaker Mudenda, according to Nyathi, also failed in his duty to protect the Constitution as provided for in Section 119 while Chiwenga’s attending of the Zanu PF extraordinary congress last year was also a violation of the Constitution.