A pro-democracy activist has filed a Constitutional Court challenge against President Emmerson Mnangagwa, arguing that the removal of the human rights commission chairperson was unconstitutional and raises questions about executive authority over independent bodies.
Allan Chipoyi, represented by Mtetwa & Nyambirai Legal Practitioners, lodged the application in Harare seeking a declaration that the president acted unlawfully.
He claims Mnangagwa breached his constitutional duty by transferring Fungayi Jessie Majome from the Zimbabwe Human Rights Commission to the Public Service Commission.
Chipoyi argues the April 10, 2026 decision amounted to a removal from office, despite being described as a reassignment. He maintains the constitution does not allow the executive to sidestep legal safeguards by renaming such actions.
The case hinges on constitutional protections for the independence and security of tenure of Chapter 12 institutions. According to Chipoyi, any removal must follow a formal process involving an independent tribunal, which was not established in this instance.
He further links the move to concerns previously raised by the ZHRC about public consultations on the Constitution Amendment Bill, including allegations of intimidation and restricted participation.
Chipoyi characterises Majome’s transfer as a retaliatory step against a critical voice.
He also contends that the president failed in his broader obligation to uphold the constitution, warning that such actions could weaken independent commissions and discourage dissent.
Chipoyi is asking the court to declare the action unconstitutional, nullify the April 10 directive, and reinstate Majome. He also seeks an order preventing interference with the commission outside constitutional procedures.
The Constitutional Court has not yet scheduled a hearing.
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