Alexios P. Makotose Archives

Disregard of the rule of law in Zimbabwe has reached another level

By Alexios P Makotose

Zimbabwe’s disregard to the rule of law is perpetuating. The situation is degenerating to unimagined crisis levels. If events currently panning out on the political scene are left to go unchecked, it is difficult to imagine how life will be like in the country for the next five years.

Periods like the Gukurahundi, Jambanja hondo yeminda and the 2008 Presidential election rerun, are top ranking in terms of lawlessness in the country. However, the current situation differs with all the above eras simply because during those times the courts and most of the state institutions appeared to have been operating independently.

Dec 02, 2023 Read more

Mutevedzi judgment on CCC MPs vs Sengezo Tshabangu a scandal

By Alexios P. Makotose

In support of his erratic position, the judge went to town (to use his other phrase in reference to the applicants) about why the party CCC was not in court to support its members.

The Judge used the analogy of a parasite and the host in reference to the MPs as party members and the party, compelling the host to be present to defend its parasites.

Surely the parasites’ rights cannot be ignored by the courts because the host did not come to defend them. The MPs approached the court as aggrieved citizens and therefore expected justice rather than to be informed that they had no locus standi (right to approach the court).

Nov 15, 2023 Read more

Mandatory vaccination for healthcare professionals – critical discussion

By Alexios Peter Makotose

Despite many people voicing reasons for refusing to be vaccinated against Covid-19, governments across the world are considering policies to enforce mandatory vaccination. Already, there are rules and regulations regarding gatherings and sporting events in many nations.

These regulations include the requirement to provide proof of vaccination to gain access to pubs and churches and to participate in sporting events. International travellers are also required to produce this proof to avoid forced quarantine.

Recently governments have ordered mandatory vaccination for healthcare professionals. Furthermore, other governments have requested all civil servants get vaccinated or they may potentially lose their jobs. Are employers right to force the healthcare professionals to be vaccinated against their will, and are employees right to decline mandatory vaccination?

Nov 25, 2021 Read more

‘Joanah Mamombe a victim of systematic state abuse of the law’

Alexios P. Makotose: “In this article I will deal with the legal issue regarding the admission to hospital of persons suffering from mental health illness according to the Zimbabwe Mental Health Act Chapter 15:12. I will also discuss the possible reasons why Joanah Mamombe is being harshly treated by the state through the courts.”

Oct 09, 2020 Read more

Alexios Makotose: Chamisa is the winner in the Corona Judgement

By Alexios P. Makotose

When a matter is said to have become moot, in legal terms it simply means that the legal question cannot be determined by a court of law, it cannot be enforceable and therefore the proceedings will be largely an academic exercise. In this particular case a number of events have happened that have rendered the matter moot and therefore making it impossible for the court to make a binding and enforceable order.

Apr 11, 2020 Read more

Alexios P. Makotose: Zimbabwe constitution needs alignment not amendment

By Alexios P. Makotose

The government of Zimbabwe proposes to introduce the Constitution of Zimbabwe Amendment (No.2) Bill, 2019. The Bill proposes to make 27 amendments to the current constitution but the major changes worth highlighting are;

election of the President and Vice President (running mate) to the appointment of Vice Presidents,
increase the number of Ministers and Deputy Ministers appointed by the President, who are not members of Parliament from five to seven,
increasing parliamentarians by ten more youths appointed on proportional representation from the provinces,
delimitation of electoral boundaries to be done anytime without waiting for the population census results,
appointment of Judges by the President, and
removal of MPs from Provincial Metropolitan Councils.

Constitutional amendment means making changes to the existing constitution. In our case the new constitution has not been fully implemented or aligned by enacting laws that are in sync with the new constitution in order to complete the constitution making process fully, but surprise surprise, the government wants to make changes already.

Jan 11, 2020 Read more