President Emmerson Mnangagwa has appointed and promoted 14 judges under Zimbabwe’s amended constitutional framework while facing a Constitutional Court challenge over his separate appointment of 10 senators. The post Mnangagwa flexes new powers, appoints 14 judges despite ConCourt challenge appeared first on Nehanda Radio .
President Emmerson Mnangagwa has moved to exercise his expanded constitutional powers by appointing and promoting judges, despite being dragged to the Constitutional Court (ConCourt) over his appointment of 10 senators under the same constitutional amendment.
A swearing-in order shows that seven judges have been elevated to the Supreme Court, while two have been appointed to the Constitutional Court, with new appointments also made to the High Court and Labour Court.
The latest judicial appointments were made on Thursday, weeks after Constitution Amendment No. 3 was signed into law, giving the President wider powers in making senior judicial appointments.
Most of the new High Court appointments are former magistrates.
The development comes as Mnangagwa faces a separate legal challenge over his decision to appoint 10 additional senators, a new category of presidential appointments created by Amendment No. 3.
Thamsanqa Ncube and pressure group Ibhetshu LikaZulu have approached the Constitutional Court seeking to block the 10 nominees from being sworn into the Senate and have the appointments declared unconstitutional.
The respondents include Mnangagwa, Parliament Speaker, Justice Minister Ziyambi Ziyambi, the Attorney-General and the 10 presidential nominees, Jabulani Sibanda, Makhosini Hlongwane, Mary Mliswa, Nokuthula Matsikenyere, Kudakwashe Tagwirei, Godwills Masimirembwa, Lucy Chitaga, General Gibson Mashingaidze, Brilliant Dube and Iren Mutumbwa.
The challenge centres on Section 120(1)(e), introduced through Amendment No. 3, which allows the President to appoint 10 senators on the basis of their “professional skills and other competencies” and following consultation with the National Assembly.
The applicants argue that the appointments fail to meet that constitutional threshold, alleging that several of the nominees are active Zanu-PF politicians or closely associated with the ruling party.
They also contend that the appointments were made without meaningful parliamentary consultation.
The applicants are seeking an urgent order suspending the swearing-in of the 10 nominees pending determination of their constitutional challenge.
They argue that once sworn in, the senators would have full rights to participate in parliamentary proceedings, including voting on legislation.
“The ten individuals are awaiting swearing-in. Once sworn, they will sit and vote in the Senate with full rights,” Ncube said.
The Senate dispute comes at the same time as Mnangagwa has begun using the amended constitutional framework to make appointments within the judiciary.
The swearing-in order lists seven Supreme Court appointments involving Justices Dube, Garainesu Mawadze, Happias Zhou, Joseph Mafusire, Maxwell Takuva, Amy Tsanga and Esther Muremba.
Two judges, Justice Antonia Guvava and Justice Chinembiri Bhunu are listed for the ConCourt.
The order also lists appointments to the High Court and Labour Court.
Amendment No. 3 increased the size of the Senate from 80 to 90 members, with the additional 10 seats reserved for presidential appointees.
ConCourt is now being asked to determine whether Mnangagwa complied with the Constitution when making those appointments and whether the consultation process met the constitutional requirements.
