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Information Secretary Mangwana Says The President Can't Go Into Conflict With Courts

2 years agoMon, 12 Sep 2022 16:39:35 GMT
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Information Secretary Mangwana Says The President Can't Go Into Conflict With Courts

The Permanent Secretary in the Ministry of Information, Broadcasting and Publicity Services, Nick Mangwana has said the president cannot go into conflict with the courts.

He said the president, Emmerson Mnangagwa, respects the principle of Separation of Powers. Reads Nick’s Twitter post seen by Pindula News this Monday:

The President cannot go into conflict with the courts. He respects the principle of Separation of Powers. The courts themselves are not citing political reasons for their decisions but purely legal ones.

Context:

His remarks come amid allegations that the executive arm of the government was interfering with other arms of government, particularly the judiciary.

Critics and the opposition argue that the executive was influencing the judiciary to prolong the detention of opposition Members of Parliament, Job Sikhala (Zengeza West) and Godfrey Sithole (Chitungwiza North).

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The duo was arrested together with 14 Nyatsime residents over the 14 June violence that erupted during the funeral wake of slain Citizens Coalition for Change (CCC) activist, Moreblessing Ali.

They have been in prison since 14 June with courts denying them bail on several occasions.

Recent remarks by a Law professor, Lovemore Madhuku, that the detained politicians were victims of their party’s refusal to dialogue with President Mnangagwa resulted in some arguing that the president was ordering the courts to prolong the detentions.

Meaning of Nick’s Twitter Post:

In essence, the doctrine of Separation of power mentioned in Nick Mangwana’s Twitter post stipulates that for a free and democratic society to exist, there must be a clear separation between the three branches of government, namely:

i). The Executive, which is the branch that executes the business of government. It comprises the President, Vice-Presidents and Ministers, the Public Service, the Defence Forces, the Police Force and other law-enforcement organisations. All the administrative, law-enforcement and coercive organs of the State fall within the Executive Branch, making it potentially the most powerful of the three branches of government unless its powers are subject to limitations. 

ii). The Legislature, which is the law-making branch. In Zimbabwe, it consists of the Senate and the House of Assembly.

iii). The Judicial Branch, which interprets the law. It comprises judicial officers and the courts over which they preside. In Zimbabwe, the courts are divided into superior courts, namely the Supreme Court and the High Court, and the lower courts, which are principally magistrates courts and customary-law courts. There are also specialised courts such as the Administrative Court, the Labour Court and the Fiscal Appeal Court.

Mangwana is saying the judiciary, the legislature and the executive work independently without interference from the other.

However, government critics cite the dismissal of some judges over “dubious reasons,” and the alleged “usurpation” of the Parliamentary role by some members of the executive, as proof that there is no separation of powers in Zimbabwe.

In 2018, President Mnangagwa claimed to have ordered the release of Tendai Biti, a former Minister of Finance During the Government of National Unity (GNU).

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15 Comments

Machende eNguruve · 2 years ago
Iwe mangwana washaya zvekutaura here. Asi unosvuta mbanje..Ungabvume here kuti the judiciary is captured ne zanu pf and chinhu chaddy.You are expected to defend your party . So don't take us for fools to expect you to admit kuti judiciary is not captured
Ashley · 2 years ago
@pk wangu siyananezvaurikuda kuita izvi unomuka wakafa tikakutaurira zvausingazive kutonga kupi arikudzvanyirira zvechisimba wakamboona kupi munhu anowanzirwa pazvinhu zvose zvakaipa ,nguva yaMugabe hapana aitaura pamsoro pake ndokurema 💪💪💪💪💪💪💪💪💪
pk · 2 years ago
politicians must not stoep so low to the extent yekurowa mutoriro vachiita jambanja kupisa dzimba vachitemba bail. judiciary inongoita basa. chero mukati ed this ed that havaneyi nazvo vanongotonga vachangotanga vachingotonga muchingovukura papindula🏃
Wisdom · 2 years ago
reread yo shi t 4 u send son
@pk · 2 years ago
you are an embarrassment.a 🐕 is better than you.ndosaka varungu vachifarira mhuka kudarika munhu mutema.
Byron Chitanga · 2 years ago
we are the army we are the police we are the judiciary we are everything, akadero umwe murume
Thomas Kandima Chimuperu · 2 years ago
Judiciary ino kontrorwa ne Zanu Pf yakapiwa minda uye Malaba aka kuda another five years though court uanga yaramba. Vese majudge vakati ngaaende ngaaende Malaba vavekudzingwa basa.
Retired General Tsigirai · 2 years ago
Chinonzi gunners unochiziva here iwe fudzamombe a soldier is non partisan they belong to a state not to a certain political party like what you are thinking my cde makagarisa munyika inemadictator mukakura muchibvunzwa kuti Mugabe weku Malawi ndiani its high time svunura unofira mu rtgs plus hauna kana any battle yawakapinda kungopinda basa wotptwototi ndave gunners bambo i
WILLIAM SONBOY CHINEMBIRI · 2 years ago
Only a person in need of [care] psychiatric attention would agree with Nick Mangwana that His Excellency Advocate President ED Mnangagwa respects separation of powers between the Executive, the Legislature and the judiciary. Professor Madhuku is a law lecturer guru at the best law school in Zimbabwe, the University of Zimbabwe. The only mistake citizens attribute to Muzvinafundo wemitemo is that he said it publicly. He should have said it behind doors. His Excellency Advocate President ED Mnangagwa is not short of brains to admit such things openly. He is a Zambian trained lawyer after all. What is happening now with Honourable Advocate Job Sikhala, Honourable Godfrey Sithole and 14 activists is nearly breeding circumstances noone had ever seen in this country. [ CITIZENS ARE NOW WATCHING WITH KEEN INTEREST ]. [ I WISH IF ALL CITIZENS VOTE FOR ADVOCATE NELSON CHAMISA AT THE HARMONISED ELECTIONS IN 2023 ]. Yours sincerely William Sonboy CHINEMBIRI [ THE BUSH LAWYER ].
G40 · 2 years ago
you all I can only tell you to leave politics bcse politics is a very date game so thank god that sikhala is still alive
teacher for ED · 2 years ago
dirty not date
Skalazi International · 2 years ago
U defending the offender Nick. The irrefutable truth is that Job is a victim of political persecution. That the so called learned judges are captured is indefatigably there for all to see. The Zanu regime is instructing the courts to do as it seems fit in order to fix an innocent soul. Even the rudimentary sloganeers can testify that Job z in the dungeons on the orders of the Zanu Politburo. Ask the toddlers at any ECD location why Sikhala remains incarcerated they will mumble and rumble that the man is a prisoner of Zanuism. Hence Nick your rhetoric on separation of powers is a refrain often repeated by law students and as such is common cause. U trying to impress your master albeit insufficiently to please those in the know.
Jack Bauer · 2 years ago
Thanks a lot ne information, it means a lot
Mnhanga · 2 years ago
Nick you bastard what do you want to hide here All courts are extension of Zanu misrule
Faith · 2 years ago
Mnangagwa ngaadzokere ku Malawi mubwidi munyasarandi
Cmo · 2 years ago
Endaka iwe ku Dip slot kuSouth wagutisa runyararo rwaPresident wedu
ED Pfee · 2 years ago
**** mukuro iwe Nick Mangwana. Enda umbonochema mai vako vakatisiya 2 weeks ago than kuswerotinyepera. We know the truth. Do you think Me President ED is a fool who can let the courts soil his name by unnecessarily locking up Sihkala in Chikurubhi prison? OK, then that so called separation of powers is doing big disservice to our ED.
Manikiniki · 2 years ago
No need for lessons on branches of government we all know the courts are captured by Zanu pf how can someone be detained for all these weeks without trial but thieves walk around freely because they are Zanu pf??
Dhuterere · 2 years ago
The fact that you are explaining means that there is something to explain if it was a true Republic we wld nt be having prisons to punish like Chikurubhi and Job wld nt be denied bail.Munyika yevatema ganda dema harikoshe

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