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(NEWZIMBABWE) PM has 'casual regard for the law': Mugabe

PM has 'casual regard for the law': Mugabe
by Staff Reporter
15/12/2010 00:00:00

PRIME Minister Morgan Tsvangirai has been described as having a “casual regard for the law and rules” in court after President Robert Mugabe filed papers opposing his ruling coalition partner’s lawsuit over his appointment of governors.

A lawyer for Mugabe said Tsvangirai’s lawsuit was “ill-conceived” and “fatally defective” because, he argued, the Prime Minister had failed to follow laid down procedures for bringing such an action against a sitting President.

Rule 18 of the High Court regulations says “no summons or other civil process of the court may be issued out against the President or against any of the judges of the High Court without the leave of the court granted on court application being made for that purpose,” and Tsvangirai had failed to observe this simple procedure, Maxwell Ranga said in opposition.

The lawyer added: “It is clear from the said rule that leave to institute proceedings against His Excellency, the President, is required before an application may be instituted against him.

"The Prime Minister has neither alleged that he has obtained such leave, nor has he attached to his application proof of such leave.
"It is respectfully submitted that no such leave has been obtained in terms of the rules of this Honourable Court ...”

Ranga said Tsvangirai’s lawsuit, therefore, should fail at the first hurdle and there was no need to go into detail on the arguments he raised.

He added: "President Mugabe will suffice to say at this stage, that Prime Minister Tsvangirai has been ill-advised and rash in approaching this Honourable Court.

"President Mugabe will humbly pray that this ill-conceived application be dismissed as the rule relating to the requirement to seek leave is clear, unambiguous and has been frequently clarified by this Honourable Court.”

Tsvangirai last month took the unprecedented step of suing Mugabe, accusing him of breaching the constitution by appointing 10 governors without consulting him.

Provincial governors are appointed in terms of Section 4 of the Provincial Councils and Administration Act Chapter 29.11 which, Tsvangirai argued, binds the President to consult the Prime Minister before such appointments are made.

"His failure to do so renders the appointments null and void and liable to be set aside and justifies declaratory and other relief as set out in the draft order," Tsvangirai said in his founding affidavit.

Labels: MORGAN TSVANGIRAI, ROBERT MUGABE

posted by MrK @ 2:34 AM