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Omission by Commission: The Motlanthe Hearings and President Mnangagwa’s Institutional Deflectionism

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When Emmerson Mnanagwa took over as Zimbabwean president, he carried himself with the air a consummate democrat, demystifying the presidency through increased access and vaunted intolerance to corruption. From frequent video messages to random public appearances, President Mnangagwa sold himself as more grounded than his grandiose predecessor. A year later, he is far more reclusive and reticent. A moribund and fast shrinking economy has robbed Mnangagwa of his initial swagger, whilst dashing the hopes that even political moderates retained in the ‘new dispensation.’ Instead, the nation is gripped with anxiety regarding the outcome of a public inquiry into the shootings of 1 August 2018. I have written concerning the High Court judgment which curiously absolved President of any blame in the shootings. In this article, I deal with commissions of inquiry in the context of the Mnangagwa presidency. I conclude that it is another instantiation of President Mnangagwa’s emphas...

HIGH COURT WRONGLY ABSOLVES PRESIDENT MNANGAGWA IN POST-ELECTION SHOOTINGS

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Honourable Justice David Mangota This blogpost explores the ruling by Justice Mangota concerning  President Emmerson Mnangagwa's  appointment of a commission of inquiry to investigate the post-election violence of 1 August 2018. It highlights the limits of presuming human and governmental compliance with legal strictures and the attendant pitfalls of using law as a basis for factual claims.  1. THE APPLICATION The sister to one of the victims of the shootings on 1 August 2018 approached the High Court together with a non-governmental organization, the Counselling Services Unit. They challenged the decision by the President to appoint a commission of inquiry without cabinet consultation as required by sections 88(2) and 110(6) of the Constitution. They had a myriad of other reasons for approaching the court. They asserted that the President was conflicted as the military’s deploying authority, thus undermining his ability to appoint a commissi...