Madhuku Remains 'Unconvinced' By Magaisa, Mpofu Arguments
University of Zimbabwe law professor, Lovemore Madhuku says he stands with his legal opinion on the resignation of Vice Presidents in Zimbabwe.
In his opinion, published on 7 March 2021, Madhuku said that section 96(2) of the Constitution does not apply to the current Vice-Presidents and that the section will only apply to Vice-Presidents after the coming into force of the running mate clause.
However, Political Science professor, Jonathan Moyo, Harare lawyer Advocate Thabani Mpofu and University of Kent law lecturer Alex Magaisa vehemently disagreed with Madhuku’s position.
- MOHADI RESIGNATION: Advocate Mpofu Responds To Prof Madhuku
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MOHADI RESIGNATION: Prof Madhuku’s Approach Not Persuasive -Magaisa
Posting on Twitter this Tuesday, Madhuku said he has noted the three’s arguments but he remains convinced that his interpretation of the constitution is the correct one. He wrote:
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I have read and noted the three replies from [Professor Jonathan Moyo], [Dr Alex Magaisa] and [Advocate Thabani Mpofu].
With respect, I remain unconvinced that there can be a sound alternative to the view I hold and have expressed-that sect 96(2) does not apply to current VPs. Cadit quaestio.
I have read and noted the three replies from @ProfJNMoyo , @Wamagaisa and @adv_fulcrum. With respect, I remain unconvinced that there can be a sound alternative to the view I hold and have expressed-that sect 96(2) does not apply to current VPs. Cadit quaestio.
— Prof Lovemore Madhuku (@ProfMadhuku) March 8, 2021
Responding to Madhuku’s tweet, Harare lawyer and MDC-Alliance co-vice president Tendai said:
Lovemore you very wrong. The golden rule of statutory interpretation is the ordinary natural meaning of words.Your contextual approach in the context of this debate is pure witchcraft.
Your new found knack for defending the indefensible is particularly astounding given your roots.
Lovemore you very wrongThe golden rule of statutory interpretation is the ordinary natural meaning of words.Your contextual approach in the context of this debate is pure witchcraft.Your new found knack of defending the indefensible is particularly astounding given your roots https://t.co/jOjz7Nzz2j
— TENDAI BITI (@BitiTendai) March 9, 2021
According to online sources, Cadit quaestio is a Latin expression that is used to indicate that an issue is no longer in question, often because a dispute (question) between two parties has been either settled or dropped.
The debate was triggered by former Vice President Kembo Mohadi’s resignation on 1 March 2021 after his illicit relationships with female staffers was exposed by ZimLive.com.
President Emmerson Mnangagwa did not issue a statement on Mohadi’s resignation, with the likes of Magaisa saying the President’s silence was not in line with Constitutional demands, a position Madhuku disagreed with.
