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Zimbabwe Judge: Military Action Against Mugabe Legal

by Associated Press

   HARARE, ZIMBABWE --

   A Zimbabwean High Court judge has ruled that the military action
   leading to Robert Mugabe's resignation was legal, a key decision as the
   military has sought to show that its moves were not a coup.

   Experts said it sets a dangerous precedent for the military to step in
   again.

   High Court Judge George Chiweshe on Friday ruled that the military's
   actions "in intervening to stop the takeover" of Mugabe's
   constitutional functions "by those around him are constitutionally
   permissible and lawful."

   Military stepped in

   The military stepped in almost two weeks ago after Mugabe's firing of
   deputy Emmerson Mnangagwa amid fears that the 93-year-old Mugabe's
   unpopular wife was positioning herself to take power.

   The judge said the military's actions ensured that nonelected
   individuals do not exercise executive functions, an apparent reference
   to then-first lady Grace Mugabe.

   Separately, the judge said Mugabe's firing of Mnangagwa as vice
   president was illegal. Mnangagwa was sworn in as president Friday in a
   whirlwind reversal of fortunes, becoming the second leader of Zimbabwe
   after Mugabe's 37-year-rule.

   Decisions criticized

   The judge's decisions were quickly criticized both by legal and rights
   experts and by close allies of Mugabe and his wife.

   "If these breathtaking High Court Orders granted in Harare yesterday
   represent what is being peddled as a 'new path,' then please pray for
   Zimbabwe," tweeted minister of higher education Jonathan Moyo, the most
   vocal of the Mugabes' allies.

   The southern Africa director for Human Rights Watch, Dewa Mavhinga,
   called the rulings "incredible" and said on Twitter: "Strange, captured
   judiciary?"

   Timeline of events

   Zimbabwe's military sent tanks into the streets overnight on Nov. 14,
   taking control of the state broadcaster and announcing that Robert
   Mugabe had been put under house arrest. It also said it was pursuing
   "criminals" close to Mugabe who were accused of harming the country's
   economy.

   The military's move led the ruling party to turn against Mugabe,
   launching impeachment proceedings before Mugabe on Tuesday announced
   his resignation, while tens of thousands of Zimbabweans took to the
   streets in a military-backed demonstration urging Mugabe to step aside.

   Rulings may haunt Mnangagwa

   Zimbabwean lawyer Alex Magaisa said the new rulings by the High Court
   judge "may come to haunt Mnangagwa's government" by setting a dangerous
   precedent by "effectively legalizing military intervention in the
   affairs of government."

   He also wrote Saturday that "it is interesting to note that the order
   was granted by 'consent' which suggests that Mugabe agreed to it. If he
   did, it could be that it was part of Mugabe's exit deal."

   A number of Cabinet ministers have not been seen publicly since the
   military swept in, while rights activists have begun sharing worrying
   details of assaults and raids on their homes amid concerns about
   possible retaliation.