MDC leader Welshman Ncube yesterday said President Robert Mugabe and Prime Minister Morgan Tsvangirai jumped the gun in appointing Zanu PF member Jacob Mudenda as the new chairperson of the Zimbabwe Human Rights Commission (ZHRC).

Report by Everson Mushava

Mugabe, Tsvangirai and Deputy Prime Minister Arthur Mutambara on Monday agreed that Mudenda will succeed respected lawyer Reginald Austin who resigned last month.

Austin cited lack of support for the rights group by the inclusive government.

Tsvangirai told journalists after his meeting with Mugabe that Mudenda had been chosen ahead of other commissioners because of his track record as a legal practitioner.

The MDC-T leader also revealed that they had chosen a new chairperson for the Zimbabwe Electoral Commission (Zec), but delayed the announcement so that the person could be informed first.

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Sources have revealed that Judicial Services Commission (JSC) chairperson Rita Makarau would succeed Justice Simpson Mutambanengwe who resigned last week.

But Ncube, who is being excluded from the Global Political Agreement (GPA) principals’ regular meetings, said the appointments violated the Constitution.

“As a party, we will challenge that because we were not consulted,” he said

“President Robert Mugabe and Prime Minister Morgan Tsvangirai’s Monday meeting cannot validly appoint a commission chair.

“According to the Constitution, the President appoints the ZHRC chairperson after consultations with the Judiciary Service Commission (JSC) and the Parliamentary Committee on Standing Rules and Orders.

“As far as Mudenda’s appointment is concerned, we have not been consulted and in the spirit of the Global Political Agreement, we will oppose the appointment until it comes to the Standing Rules and Orders Committee.”

Tsvangirai’s chief adviser Alex Magaisa yesterday tried to downplay the decision by the principals, saying they merely came up with names of politically acceptable people to fill up the vacant posts. “What happened this week is not appointing, it is a political agreement between principals,” he said.

“But this is subject to procedural requirements set in the Constitution.

“These provisions will be dealt with. The President naturally has to do the consultations with the JSC and the parliamentary committee. “There is no intention by the principals to circumvent the provisions of the Constitution.”

Announcing the decision, Tsvangirai had been categoric saying: “As principals, we have agreed Jacob Mudenda will chair the ZHRC.” Mudenda’s appointment was met by disbelief with many  questioning his credentials and impartiality.

Pedzisai Ruhanya, a Harare based analyst, said Tsvangirai had betrayed his supporters by supporting a candidate without the required credentials.

“Looking at his history, he is the worst choice ever,” he said. “I am shocked by the decision of the MDC-T.

“Mudenda’s appointment is a non-event and an insult to the Zimbabweans who were butchered by the party he belongs to.” Mudenda was Matabeleland North Governor during the Gukurahundi massacres.

He was also fingered in the Willowgate scandal where top Zanu PF officials were implicated in the illegal resale of vehicles. Macdonald Lewanika, the director of Crisis Coalition in Zimbabwe, said Mudenda’s appointment was a “sad development”.

“The onus is on him to prove now to the country that he is the right person for the job,” he said.

“We have a lot of reservations on his appointment. His hands are not necessarily clean and a fairer minded person would have been identified for such a critical role.”

Tsvangirai defended the appointment saying Mudenda’s history did not matter.