By 
High Court Judge Justice Never Katiyo this week directed Justice Minister Ziyambi Ziyambi to make a determination on an application by former Constitutional Affairs Minister Eric Matinenga to have a South African lawyer Advocate Jeremy Gauntlet represent him in a constitutional court application.
Matinenga is challenging Constitution Amendment 1 and wants to be represented by Gauntlet who requires an exemption certificate issues by the Minister of Justice.
Ziyambi has however for month been hesitant on the issue withholding his position.Through his lawyer Tendai Biti, Matinenga approached the High Court seeking to have Ziyambi’s hand forced.
Justice Katiyo according to Biti then gave a directive to Ziyambi to state his position.
“The judge gave a directive that the Minister takes a position or makes his position public on whether he wants to grant the certificate or not. He is yet to respond to the directive,” Biti said.
Constitutional Amendment relates to the change in procedure relating to the appointment of the Chief Justice where initially there were public interviews. However the change gave the President power to appoint in consultation with the Judicial Services Commission.
The Bill was initially passed by the 8th Parliament but ruled unconstitutional by the ConCourt due to voting irregularities at the Senate stage. The court then gave a grace period given in government could correct the anomaly.
However, the 8th Parliament lapsed before this could be done forcing government to do so using the 9th Parliament a move that is now being challenged.The same law is also being challenged by the Law Society of Zimbabwe among other interest groups.
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