PRESIDENT MNANGAGWA’S APPOINTMENT SPARKS LEGAL DEBATE

President Emmerson Mnangagwa has made a decision that has started a big debate in Zimbabwe. The President has appointed Deputy Prosecutor-General Michael Reza as the new chairperson of the Zimbabwe Anti-Corruption Commission (ZACC). This has raised concerns among legal experts, who say this appointment may be against the rules of the Zimbabwean Constitution.

Reza was chosen to replace Justice Loice Matanda-Moyo, who has taken on a new role as the Prosecutor-General. But many people are worried that the process did not follow the legal steps that the Constitution of Zimbabwe requires.

The main problem is that Reza might not have enough experience for this important position. According to the Constitution of Zimbabwe, section 254, subsection 1 (a), anyone who becomes a commissioner in the Anti-Corruption Commission needs to have at least seven years of experience practicing law. They should also have the right qualifications to be a judge or even have worked as a judge in the High Court or Supreme Court.

The issue is that Reza has only been registered to practice law for three or four years. He registered with the Law Society of Zimbabwe either in 2020 or 2021. This means he does not meet the seven-year requirement to be part of the commission, let alone lead it. Even though Reza has good educational qualifications, like a Bachelor of Laws (LLB) from the University of South Africa and a Master of Laws (LLM) from Midlands State University, the Constitution is very clear about the need for seven years of legal experience.

This is not the only concern. Justice Loice Matanda-Moyo and Commissioner Jessie Majome, who also left to become the chairperson of the Zimbabwe Human Rights Commission, had the needed experience. Now that they are gone, the Anti-Corruption Commission does not have any members with the required legal background. This makes it hard for the commission to work within the legal rules of the Constitution.

Some people who support Reza argue that his long experience in investigating crime, which goes back more than ten years, should count. But those who disagree say that because his main job is in law, he needs to meet the specific legal experience that the Constitution asks for.

This is not the first time President Mnangagwa has faced questions about his decisions and the Constitution. In the past, he has appointed more ministers to his cabinet than the Constitution allows, and he had to change those decisions after people complained.

Another reason people are worried about Reza is because of his actions in the past. Reza has been involved in cases where he pushed to keep civil society and opposition activists in jail by using the bail system against them. Some people think these actions are not right for someone who is supposed to be in charge of fighting corruption.

Now, many legal experts and analysts are asking President Mnangagwa to think again about his decision. They believe it is very important to follow the rules of the Constitution to keep the country’s government strong and honest. Zimbabwe is at a point where its legal and political systems are growing and changing, and people are watching closely to see how the President handles these issues. The way the government follows the Constitution is important for keeping trust and transparency in how the country is run.

This situation highlights the need for leaders to follow the law when making decisions, especially when choosing people for important positions. Only by following the Constitution can Zimbabwe continue to grow in a fair and just way.