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‘Why President should not invoke powers’

09 Aug, 2015 - 00:08 0 Views
‘Why President should not invoke powers’ President R G Mugabe

The Sunday Mail

President R G Mugabe

President R G Mugabe

Legal experts say it is unnecessary for President Mugabe to invoke his Presidential powers to stop the termination of workers’ contracts on three months’ notice as such action

would make the Head of State and Government liable to interfering with the Judiciary and Legislature.

Some quarters and even affected workers have been calling on him to invoke these powers following the loss of thousands of jobs in the wake of the July 17 Supreme Court on notice ruling.

Constitutional law Professor Lovemore Madhuku said Labour Act amendment procedures should proceed without impediment.

“There is no need at all for the President to invoke his Presidential powers. If he does, he will be seen to be undermining the courts as well as the Legislature, which is in the process of amending the law,” he said.

Harare lawyer Mr Jonathan Samkange said invoking Presidential powers would expose the President prone to Constitutional Court challenges.

He said, “There is absolutely no need to invoke such powers. If he does, the President risks being challenged in the Constitutional Court.

‘‘It should be noted that this judgment has been made by the Supreme Court and the ConCourt has gone on to uphold it.

“The law does not always follow what society deems to be right, but at the same time, the law can be corrected through a process and that process has to be followed through the tabling of the Labour (Act) Amendment Bill before Parliament.”

Last week, the United Food and Allied Workers’ Union of Zimbabwe wrote President Mugabe, pleading with him to halt the unrestrained job losses.

The union’s general secretary, Mr Adoniah Mutero, said they delivered the letter on August 4, and wants President Mugabe to flex his muscles.

Part of this letter reads: “Your Excellency, Zimbabwe has prided itself in being a pioneer of fair labour standards. Just to give a few examples, in 1998, it became one of the first countries to adopt the HIV and Aids regulations in the workplace.

“When the International Labour Organisation adopted the Decent Work Agenda around 1999, Zimbabwe was one of the first countries to adopt a decent work country programme and has, to date, successfully implemented three Decent Work country programmes, the last of which ends this year, 2015.

“We, therefore, implore you, Your Excellency, to take remedial action to arrest the disastrous, misguided and potentially catastrophic error of the Supreme Court.”

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