Charamba claims Mohadi resigned last week… Legal experts say Mnangagwa violated constitution
By Nyashadzashe Ndoro | Nehanda Politics |
President Emmerson Mnangagwa ‘unconstitutionally’ allowed ex-Vice President Kembo Mohadi to come to work for a whole week after he had resigned, observers have noted.
Mohadi issued a resignation statement on Monday after an embarrassing sex scandal that exposed how he allegedly lured married young women and sometimes subordinates to sleep with him in his office.
Mnangagwa’s spokesman George Charamba however, claimed Mohadi had tendered his resignation letter a week ago before he publicly relinquished the Vice President’s office.
“CONTRARY TO DOMINANT NARRATIVE IN THE MEDIA, former Vice President K.C.D Mohadi, handed in his resignation letter to the appointing authority, His Excellency the President, Cde Mnangagwa, A WEEK AGO. Let history record this statement of fact,” he said.
But law experts and observers have since argued that Mnangagwa was supposed to ensure that Mohadi publicly resigns and left the office when he tendered his resignation.
Former cabinet minister Jonathan Moyo accused Mnangagwa of breaching Section 96(2) of the Constitution “by not giving public notice of the resignation within 24HRS!”
“Given the disclosure by Deputy Chief Secretary George Charamba that, AS A MATTER OF FACT, former VP Mohadi resigned by written notice to the President LAST WEEK, President Mnangagwa BREACHED s96(2) of the Constitution by not giving public notice of the resignation WITHIN 24HRS!” Moyo said.
Section 96(2) reads: “Vice President may resign his or her office by written notice to the President, who must give public notice of the resignation as soon as it is possible to do so and in any event within twenty-four hours.”
Renowned lawyer Advocate Thabani Mpofu said if Mohadi resigned a week ago as claimed by Charamba, then “ED violated s96(2) of the Constitution.”
“Resignation cannot be accepted or rejected, it is a unilateral act. Once Mohadi resigned, ED was obliged to give public notice of the fact. In addition, upon communicating his resignation, Mohadi could no longer perform the functions associated with his “former” office,” he said.
Mpofu added that Mohadi ‘desperately’ cited a wrong section of the law when he resigned.
“He properly resigned in terms of sec 96(2). That is the only provision governing the matter. Mugabe resigned in terms of section 96(1). The sixth schedule has nothing to do with this matter. Desperation on steroids. ED violated the law,” he said.
When Mohadi resigned, he, however maintained that his private communications were intercepted/hacked leading to embarrassing leaks of his private communications.
The recordings have seemingly ruined two marriages including one of two Central Intelligence (CIO) officers. In one of the recordings an alleged voice of Mohadi is heard luring a woman who works in his office for sex.
Mohadi is also heard in another embarrassing recording luring a young girl he helped with college fees to come to his hotel room in the middle of the night. Nehanda Radio