Harare, Zimbabwe (News of the South)-Higher and Tertiary Education Minister Jonathan Moyo has quashed as falsehoods assertions by VP Mnangagwa that only two candidates passed the Judicial Services Commission public interviews for the selection of a Judge President.
Delivering short points on social media the Professor who is allegedly from Mnangagwa’s opposite G40 faction said the VP’s alleged statements, carried in the Herald, carried no factual bases.
The VP earlier came out in The Herald commenting on the issue and said only two people had passed.
“So two people passed but the Constitution bids that three names must be submitted to the President for him to select one as Chief Justice”.
“So the names were submitted of the two who passed but because there was no third one who passed, the Judicial Service Commission found it fit to include the name of the one who did not succeed to make it three and that had been given to the President”, he said.
According to the VP “the results were that Deputy Chief Justice Luke Malaba came tops with 91 points, second Justice Rita Makarau with 90 points. The third judge, Supreme Court judge Justice Paddington Garwe had 52 points but the passing is 65 or 70 points- that is the passing mark”, he said.
However Prof Moyo has come out dismissing the VP’s remarks as lacking factuality.
“Claim that VP Mnangagwa says Justice Garwe failed JSC interview for CJ by allegedly scoring 52% is scandalous!’
“The VP’s claim that the 52% allegedly scored by Justice Garwe is not a pass mark has no legal or factual basis!” he said.
“Section 180 of the Constitution requires a nominee to be QUALIFIED. Garwe qualifies. To say 52% is not a pass is weird!”
“The VP’s view that currently “juniors appoint the CJ” is not in s180 which says it’s THE PRESIDENT who appoints!”.
“It’s factually & legally not true that “only two people passed”. A PASS is 50% & THREE people got MORE than 50%!”
“A pass mark is a minimum, threshold or base mark. There is no college anywhere in the civilised world which has a pass mark of 65% or 70%!’ said Moyo.
In another sign of bad blood between the two Moyo went on ahead to accuse the VP of breaching his ministerial mandate.
“It’s un-procedural and unprecedented for Justice Minister to disclose privileged information on interview marks!”
The issue of selecting the JP has grown political overtones with various players fighting each other over the method applicable in the selection of a Judge to succeed Godfrey Chidyausiku who has reached retirement age.
Some have questioned the wisdom of granting the President powers which they deem excessive in appointing the Judge President whilst some contend that’s the norm the world over in all democracies.
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