Court reserves judgment on Cabinet case

Mr Moven Kufa, who heads the Voice of Democracy Trust, argues that the Constitution of Zimbabwe allows the Government to appoint 31 ministers only.
After hearing arguments from both parties, Chief Justice Godfrey Chidyausiku sitting with Justices Vernanda Ziyambi, Anne-Mary Gowora, Paddington Garwe and Yunus Omerjee reserved judgment to a later date.
“Judgment in this matter is reserved,” ruled the Chief Justice.
Mr Kufa argues the excess 10 should be removed from their respective offices.
Seven ministers, whose appointments were made after the 31 appointments, were also cited as respondents.
They include Henry Madzorera, Saviour Kasukuwere, Walter Mzembi, Sekai Holland, Giles Mutsekwa, Sylvester Nguni, Joseph Made and Flora Bhuka.
Article 20.1.6(5) of Schedule 8 of the Constitution of Zimbabwe that was amended after the formation of the inclusive Government reads: “There shall be thirty-one (31) ministers with fifteen (15) nominated by Zanu-PF, thirteen (13) by MDC-T and three (3) by MDC-M.”
Last year Judge President George Chiweshe found that the number of ministers exceeded the required number but threw out the application for fear of destabilising the inclusive Government.
He found that if he ruled in Mr Kufa’s favour, there would be unnecessary confusion within the political body and public interest would be prejudiced.
The High Court also ruled that the figures envisaged under Article 20.1.6(5) of Schedule 8 to the Constitution of Zimbabwe, have not been outrageously exceeded, considering  the complexity of Government administration.