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"Kasukuwere's suspension of Mnangagwa's allies is null and void"

6 years agoSun, 29 Oct 2017 06:32:26 GMT
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"Kasukuwere's suspension of Mnangagwa's allies is null and void"

Vice President Emmerson Mnangagwa’s ally Jones Musara has said that Zanu-PF national commissar Saviour Kasukuwere’s suspension of Justice Mayor Wadyajena, Ezra Chadzamira, Brian Munyoro and Godwin Shiri is null and void. Musara says according to the Zanu-PF constitution the National Disciplinary Committee (NDC) can not initiate Disciplinary Proceedings and can not be the source transferring Disciplinary Proceedings to itself.

Said Musara:

So in this case of the 4 purportedly suspended party cadres, if the NDC had followed the Zanu PF Party Constitution it had to wait for both Masvingo and Midlands Provincial Disciplinary Committees(PDCs) to contemplate or commence or complete disciplinary proceedings against the 4. Only then can the NDC direct the PDC to transfer the disciplinary proceedings to them.

Read Musara’s full argument against the suspensions below:

Point of Information: Purported Suspensions of the 4 cadres(Wadyajena, Chadzamira, Munyoro and Shiri) is unconstitutional, null and void.

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1.Section 70 of the Zanu PF Constitution says the Zanu PF National Disciplinary Committee(NDC) can direct disciplinary proceedings to be transferred to the NDC before they are completed or commenced.

2.Transferring Disciplinary Proceedings means there has to be a Lower Disciplinary Committee transferring Disciplinary Proceedings to the NDC. In this case its the Provincial Disciplinary Committee supposed to transfer Disciplinary Proceedings to the NDC upon request by the NDC.

3. In other words Constitutionally the NDC can not INITIATE Disciplinary Proceedings and can not be the source transferring Disciplinary Proceedings to itself. It cant direct itself to transfer disciplinary proceedings to itself.

4.So in this case of the 4 purportedly suspended party cadres, if the NDC had followed the Zanu PF Party Constitution it had to wait for both Masvingo and Midlands Provincial Disciplinary Committees(PDCs) to contemplate or commence or complete disciplinary proceedings against the 4. Only then can the NDC direct the PDC to transfer the disciplinary proceedings to them.

5. Without the PDCs contemplating or commencing or completing Dproceedings the NDC can not initiate disciplinary proceedings. It must wait for a lower organ to contemplate or commence or complete disciplinary proceedings then if need be direct the lower organs to transfer the disciplinary proceedings to the NDC.

6. Given that both Masvingo and Midlands Provincial Disciplinary Committees had neither contemplated nor commenced nor completed disciplinary committees agnst the 4, the NDC has no constitutional mandate to direct tranfer of non-existent disciplinary proceedings.

7. It is unconstitutional for the NDC to direct transfer of non-existent disciplinary proceedings!

Game on!

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