Mnangagwa sends 19-page response to churches, speaks about Chamisa

Mnangagwa sends 19-page response to churches, speaks about Chamisa.PRESIDENT Mnangagwa has rejected proposals by the Zimbabwe Heads of Christian Denominations (ZHOCD) to have a seven-year moratorium on elections saying secular systems are run on laws which are bound by constitutions and statutes.

In a 19-page response to ZHOCD delivered yesterday, the President expressed gratitude to the church leaders’ willingness to search for solutions that can take the nation forward, but emphasised that all ideas, proposals and practices should be in compliance with the laws of the land.“Expectedly, my Government’s response to the ZHOCD document is shaped by, and has to be understood in the context of legal imperatives arising from Zimbabwe’s own laws, principally the Constitution which is the supreme law of the Land.

“Let me emphatically state, at the outset, that my office is a creature of the Constitution and laws of Zimbabwe, both which I am sworn to uphold, defend, obey and respect to their letter and spirit,” the President said.The President’s response follows a letter written to him by Dr Kenneth Mtata of ZHCOD, which requested that the nation “takes a sabbath period of seven years from all forms of political contestation.

”Dr Mtata’s letter, which was accompanied by a document titled “Call for national Sabbath for trust and confidence building,” proposed the suspension of the constitutional provisions on elections and the holding of a referendum on the structure of a new government.Contacted yesterday, Dr Mtata confirmed receiving the response from His Excellency President Mnangagwa saying; “Yes, I have received the correspondence, but right now I am at a funeral.You should have called earlier because right now I cannot talk because I am at a funeral.”In his detailed response to the ZCHOD document, President Mnangagwa cited the opening Chapter of the Constitution of Zimbabwe Amendment (No.20) Act 2013 that underlines that;

“This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.”He further referred to the same opening chapter, which states that the obligations imposed by the constitution bind every person, natural or juristic, including the State and all executive, legislative and judicial institutions and agencies of Government at every level.

The President said the principles of good governance, which bind the State and all institutions and agencies of Government at every level, include a multiparty democratic political system, universal adult suffrage and equality of votes; free, fair and regular elections, orderly transfer of power following election,.respect to the rights of all political parties; observance of the separation of powers and respect for the people of Zimbabwe, from whom the authority to govern is derived. “Chapter 5 of our Constitution provides for the Executive Authority of Zimbabwe which I lead as President.Section 88 (1) provides as follows:.“Executive authority derives from the people of Zimbabwe and must be exercised in accordance with this Constitution,” President Mnangagwa said.

He added that Section 90 (1) obliges the President to: “…. uphold, defend, obey and respect this Constitution as the supreme law of the nation” and to “ensure that this Constitution and all the other laws are faithfully observed.”The President said the proposals by leaders of the ZHOCD ought to be consistent and compatible with the letter and spirit of the land- the Constitution.Anything ultra vires the Constitution, would not pass the overarching test of constitutionality, Given the various provisions relating to executive authority and the fact that all such powers are derived from the people Zimbabwe and should be exercised in accordance with the constitution.President Mnangagwa said there was thus no reward to be derived from any attenuation, suspension, departure, let alone overthrow,

of any or all of the key values and principles.He said the idea of declaring a moratorium on the people’s right to vote for national leaders of their choice on the basis of challenges being faced in the country was as unpalatable as was the subversion of the very Constitution all Zimbabweans passed, and are sworn to uphold, respect and defend.“Our July 2018 harmonised elections were adjudged to be largely transparent, free, fair and credible expression of the will of the people of Zimbabwe.They were held in a peaceful environment,

with my Party and myself preaching unity, peace and love in our Nation as we prepared to vote.“The unfortunate incidents of violence which broke out on August 1, after our polls, was premediated and sponsored by the opposition, MDC-Alliance.Still, that deadly, post-election violence was treated very seriously by my Administration, leading to the establishment of the Motlanthe Commission of Inquiry,” the President said.Prior to the announcement of the election results.