News of the South HARARE – Alison Charles, brother to Gavin Dean Charles who was killed during the shooting by Zimbabwe Defence Forces on the 1st of August 2018 has challenged President Emmerson Mnangagwa’s appointment of a seven member commission of inquiry into the post-election violence that led to the killing of seven civilians.
Charles together with the Counselling Service Unit sent a petition to the High Court to declare the appointment of the commission unconstitutional.
“I respectfully contend that the decision by the first respondent to appoint a commission of inquiry is reviewable on the basis that it is grossly unreasonable on at least two separate grounds and or interlinking bases,” said Charles in his affidavit.
He added that this decision violates the principle of legality and it was irrational because the commission would not deliver as it comprised of biased commissioners such as Manyeruke and Madhuku.
“On August 29, 2018, Mnangagwa ‘purportedly’ acting in terms of the Commissions of Inquiry Act, appointed a seven-member commission of inquiry into what he termed “post-election violence on August 1, 2018.’
“The postulated commission consists of local, regional and international members.
“The first respondent has not yet gazetted the commission of inquiry as required of him by the Commissions of Inquiry Act,” Charles said through his attorneys Atherstone and Cook.
He added that the appointment of the commission was done before President Mnangagwa appointed his cabinet hence it was illegal in terms of section 88(2) and section 105(1) of the constitution.
The commission appointed by President Mnangagwa is led by former South African president Kgalema Motlanthe and in it are; three locals, a Briton, a Nigerian and a Tanzanian.
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