HIGH COURT WRONGLY ABSOLVES PRESIDENT MNANGAGWA IN POST-ELECTION SHOOTINGS
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...