CHIEF JUSTICE : MUGABE FREELY RESIGNED

Former President ,Robert Mugabe freely and voluntarily stepped down from power, Chief Justice Luke Malaba has ruled.

He also said that the assumption of office by his deputy Emmerson Mnangagwa was done in terms of the law, 

He said Mr Mugabe carefully applied his mind and decided to step down without the embarrassment of impeachment. “The former President’s written notice of resignation speaks for itself. It sets the context in which it was written. He candidly reveals the fact that he had communicated with the Speaker of Parliament at 1353 hours. In the communication, the former President expressed to the Speaker his desire to resign from the office of President.

“The Speaker must have advised him that for the resignation to have the legal effect of bringing his presidency to an end, it had to be communicated to him by means of a written notice. A written notice of resignation addressed to the Speaker and signed by the President, on the face of it, meets the first requirement of constitutional validity,” said the Chief Justice.

He said the contents of the letter of resignation also confirm that the author freely appended his signature and acted in terms of the law.

“What the former President said in the written notice of resignation is the best evidence available of the state of his mind at the time.

“He said he was free to express his will to resign. Not only does the former President declare in the written notice that he made the decision voluntarily, he gives reasons for doing so in clear and unambiguous language.

“He said he was motivated by the desire to ensure a smooth, peaceful and non-violent transfer of power that underpins national security, peace and sustainability”.


Chief Justice, Malaba was dismissing an application by two fringe political outfits seeking nullification of the inauguration of President Mnangagwa in November last year, the judiciary boss said Mr Mugabe’s resignation was free and voluntary.
The Liberal Democrats and Revolutionary Freedom Fighters as well as activists Bongani Nyathi, Linda Masarira and Vusumuzi Sibanda sought the greenlight to contest the legality of the President Mnangagwa-led Government.

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