ED’s Intervention In Sikhala Case Would Breach The Rule of Law
Former Minister of Education in the Government of National Unity (GNU) David Coltart says President Emmerson Mnangagwa should not interfere in the court case involving CCC legislators Job Sikhala, Godfrey Sithole and 14 others.
Coltart said this after National Constitutional Assembly (NCA) leader Lovemore Madhuku suggested that CCC must engage ZANU PF in dialogue to facilitate the release of Sikhala and his co-accused.
“As hard as this may appear, I do not want Mr Mnangagwa to intervene in Job Sikhala and the Nyatsime case because that would itself breach the rule of law. Our Courts must apply the law justly in terms of the Constitution, which they have not done to date.
“When I said that Mnangagwa should not get involved in directing the courts to release my friend Job Sikhala the converse also applies. It is clear that the Executive is involved in the Judiciary in determining who should get bail and who should not.
“Judges must be independent. The reality of Zimbabwe is that there are no longer 3 arms of government, only two, Parliament and the Executive. The Judiciary is no longer recognisable as an independent arm of government in Zimbabwe. It has been swallowed by the Executive and is now part and parcel of it,” said Coltart
The Nyatsime 16 as they are now referred to, were arrested on allegations of inciting violence in Nyatsime and obstruction of the course of justice in the aftermath of the brutal murder of Moreblessing Ali, a CCC member.