Tue | Aug 21, 2018

Military action against Mugabe was legal - Zimbabwe judge

Published:Saturday | November 25, 2017 | 11:56 AM
A senior judge uses a fan to shield her face from the sun as she sits with others at the inauguration ceremony of President Emmerson Mnangagwa in the capital Harare, Zimbabwe, on Friday. - AP Photo

HARARE, Zimbabwe (AP):
Zimbabwe's military action leading to Robert Mugabe's resignation was legal, a High Court judge has ruled, as the military seeks to show its moves were not a coup. Experts said it sets a dangerous precedent for future interventions.

Meanwhile, the finance minister and other Mugabe allies were in court on Saturday alleging sometimes violent retaliation after the military stepped in.

High Court Judge George Chiweshe, a retired general, on Friday ruled that the military's actions "in intervening to stop the takeover" of Mugabe's functions "by those around him" were legal.

The military swept in almost two weeks ago after Mugabe's firing of deputy Emmerson Mnangagwa amid fears that the 93-year-old president's unpopular wife was positioning herself to take power.

The judge said the military's actions ensured that non-elected individuals did not exercise executive functions, an apparent reference to Grace Mugabe.

Separately, the judge said Mnangagwa's firing as vice president was illegal. Mnangagwa was sworn in as president on Friday in a whirlwind reversal of fortunes, becoming just the second leader of Zimbabwe after Mugabe's 37-year-rule.

The judge's decisions were quickly criticised both by legal and rights experts and by close Mugabe allies.

"If these breathtaking High Court Orders granted in Harare yesterday represent what is being peddled as a 'new path,' then please pray for Zimbabwe," tweeted minister of higher education Jonathan Moyo.

The southern Africa director for Human Rights Watch, Dewa Mavhinga, called the rulings "incredible" and said on Twitter: "Strange, captured judiciary?"
Zimbabwe's military sent tanks into the streets overnight on Nov. 14, taking control of the state broadcaster and announcing that Robert Mugabe had been put under house arrest. It said it was pursuing "criminals" close to him accused of harming the economy.

The military's move led the ruling party to turn against Mugabe, launching impeachment proceedings before he announced his resignation Tuesday, while tens of thousands of Zimbabweans took to the streets in a military-backed demonstration urging him to step aside.

Mnangagwa, who fled the country after his firing, said upon his return he had been in "constant contact" with the military during his absence.Many in the international community have avoided calling the military's actions a coup, instead urging Zimbabwe's authorities to respect the rule of law. Some Zimbabweans have congratulated the military, taking selfies with soldiers and cheering for army commander Constantino Chiwenga at Friday's inauguration.

Zimbabwean lawyer Alex Magaisa said the judge's rulings "may come to haunt Mnangagwa's government" by setting a precedent in "effectively legalizing military intervention in the affairs of government."

He also wrote Saturday that "it is interesting to note that the order was granted by 'consent' which suggests that Mugabe agreed to it. If he did, it could be that it was part of Mugabe's exit deal."

Mugabe has not been seen in public since his speech on Sunday defying calls to resign. He will remain in Zimbabwe, and Mnangagwa met him on Thursday and assured him of "maximum security," the state-run Zimbabwe Herald reported.