20100523
ALL AFRICA

Harare — PRIME Minister Morgan Tsvangirai has written a strongly worded letter to President Robert Mugabe warning him that he risks plunging the country into a constitutional crisis following his unilateral appointment of three High Court judges last week.

Sources said Tsvangirai's letter was delivered on Friday, a day after Mugabe appointed controversial former Zimbabwe Electoral Commission (ZEC) chairman, George Chiweshe, the Judge President of the High Court.(20100522)

Chiweshe's predecessor, Rita Makarau was elevated to the Supreme Court while Nicholas Mathonsi, Andrew Mutema and Garainesu Mawadze were appointed to the High Court bench.

The Prime Minister who only read about the appointments in the state controlled Herald newspaper has demanded a meeting with Mugabe on his return from South Korea.

The Standard two weeks ago broke the story of Chiweshe's impending appointment.

Tsvangirai left for a business visit to the Asian country where he is leading a delegation of businessmen and government ministers.

In his letter, the MDC- T leader who is under pressure to stop Mugabe's continued disregard of the September 2008 power-sharing agreement that led to the formation of the shaky coalition, reminds the ageing leader of the dangers of violating the pact.

He made particular reference to Article 20.1.3 (p) of the constitution, which says the president shall make key appointments required under and in terms of the constitution in consultation with the Prime Minister.

"In short, we are faced with a political, legal and constitutional problem that needs to be addressed," Tsvangirai wrote. "It is important that we meet immediately on my return from South Africa to resolve this."

Mugabe and Tsvangirai who have not met in more than six weeks already have a lot on their plate. Zanu PF threatened the unity government on several occasions with unilateral decisions and the appointment of the judges could be the last straw.

They are now expected to meet this Friday to consider the report by negotiators from their parties so that South African President Jacob Zuma can take his mediation in the Zimbabwe crisis forward.

Justice Minister Patrick Chinamasa was not answering his phone yesterday and Media, Information and Publicity Minister Webster Shamu was unreachable on his mobile phone.

His deputy, Jameson Timba said he was not aware that Tsvangirai had written to Mugabe over the matter.

But a source said the PM might challenge the legality of the appointments on the basis that they could plunge the country into a constitutional crisis.

"I am not privy to the nature, soundness or otherwise of the advice that the Honourable Chinamasa gave or may not have given to the president," said the source.

"However, my simple reading of the constitution as amended tells me that such appointments if they were done without securing the agreement of the Prime Minister are not valid at law.

"The risk to the State is that any decisions made by the said judges are likely to be set aside by a competent court."

Tsvangirai's Movement for Democratic Change has condemned the appointments and the party appears to be particularly irked by the choice for the new Judge President.

Chiweshe has a dubious reputation after he presided over the inconclusive March 2008 elections and the subsequent one-man presidential run-off, which led to the formation of an inclusive government between Zanu PF and the two MDC formations.

The MDC-T also claims Chiweshe "actively colluded in electoral malpractices which cost no less than 500 lives and he proceeded to declare the election as free and fair".