Chamisa says appointment of Malaba as Chief Justice is victory for constitutionalism – Even God is going to smile


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Full contribution

APPOINTMENT OF CHIEF JUSTICE

HON. ADV. CHAMISA: Thank you Hon. Advocate Speaker Sir. I rise on a point of privilege. Standing Order Number 69 arising out of 68 (d) and it speaks to issues of privilege at any particular point in time. Hon. Speaker Sir, I rise on this point because it is a very important motion. To celebrate, acknowledge, honor and appreciate what has happened in this country; a momentous occasion as regards the appointment of a new Chief Justice in Zimbabwe. I want to congratulate the new Chief Justice. You know, I am one person who does not resist goodness. I am one person who looks at things objectively and for that reason Hon. Speaker, I want to congratulate the First Citizen of this country for respecting the first document and law – the Constitution of this country and making sure that we have an appointment of a man on the basis of merit.

It is a victory for our country in terms of constitutionalism, in terms of the rule of law, in terms of our processes as a country; respecting our constitution. You are aware that we had problems Hon. Speaker Sir but in terms of Section 180, Subsection 2 of the Constitution, once a process has been ignited or set in motion by the Judicial Services Commission, it has to be respected and honored in terms of our Constitution. So, we are happy that in the case of the appointment of Hon. Chief Justice Malaba designate, as Parliament, because we defend the Constitution, the man is a man of merit and a man of integrity.

I have been practicing as a lawyer, I have interacted with him. When you look at him, he has a fair and firm sense of justice and his appointment is an appointment that should not be celebrated by ZANU PF or MDC. It must be celebrated by all Zimbabweans because he is a candidate for Zimbabwe. Going forward Mr. Speaker Sir, I can assure you that this country is richer. I was discussing with my learned colleagues from the other side who equally appreciate and as Parliament in terms of Section 119, we are supposed to uphold the defence of the Constitution. The fact that it has been an outcome of a constitutional process, we must celebrate it as Parliament.

This is very good because when the First Citizen nods to the dictates of the Constitution, we must all join in a chorus, to sing the “justice wins law wins” as we say vincit legem vincit. Justice wins, law wins and we must celebrate that. We must congratulate this process Hon. Speaker Sir and I want to say this is a very positive development. As an arm of the State, being the Legislature, when good news happen in the judiciary, it is a positive thing for all the other arms of Government. Even God in heaven is going to smile because it is God who said through the Prophet Amos, “Let justice roll down like a stream and righteousness like a never ever sinking river”. So in Zimbabwe, we are seeing the flowing of justice, we are seeing the stream of righteousness and we must thank God. We must also thank the President for being a creature of the Constitution to all intends and purposes. We must also thank the new Chief Justice for being a doyen of constitutionalism. We must also thank the outgoing Chief Justice for being the superintendent of our justice system in this country. Hon. Speaker Sir, I want to thank you. That is my motion, thank you very much.

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Charles Rukuni
The Insider is a political and business bulletin about Zimbabwe, edited by Charles Rukuni. Founded in 1990, it was a printed 12-page subscription only newsletter until 2003 when Zimbabwe's hyper-inflation made it impossible to continue printing.

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