Harare — PRESIDENT Robert Mugabe and Prime Minister Morgan Tsvangirai are being dragged before the courts for the alleged flouting of a section of the Global Political Agreement (GPA) signed in September 2008. The two have been cited as the first and second respondents in a case filed at the High Court on May 7 by Moven Kupa and The Voice for Democracy Trust.

The application said 41 persons entered the inclusive government as ministers in February last year as opposed to the 31 prescribed by the GPA.

ZANU-PF nominated 15 ministers; 13 were from the Movement for Democratic Change (MDC-T) and three came from the MDC-M.

The inclusion of the extra 10 faces, argued Kupa and The Voice for Democracy Trust, was unconstitutional and effectively bloated Cabinet, which is now a drain on the taxpayer.

The court action seeks to have an order declaring the extra appointments null and void as well as to have regulations done by the respective ministers to be of no legal force following the formation of the inclusive government.

As a result of the alleged failure to adhere to the constitution, the applicants are seeking to have the High Court declare the swearing in of five ZANU-PF Ministers -- Saviour Kasukuwere, Joseph Made, Walter Mzembi, Flora Bhuka, Sylvester Nguni as well as the MDC-T's Henry Madzorera, Giles Mutsekwa and Sekai Holland null and void.

The ministers were cited on the grounds that they were sworn in after the required number of each respective political party's quota had been exhausted.

ZANU-PF's John Nkomo and the MDC-M's Gibson Sibanda, according to the application, were irregularly sworn in, but there is no court action against them as they are no longer ministers, with the former now the country's Vice President and the latter having been demoted to a consultant in the organ for National Healing, Reconcili-ation and Reintegration.

Nkomo replaced the late veteran nationalist Joseph Msika, while Sibanda lost his ministerial post after he failed to secure a Parliamentary seat as required by law.

According to Article 20.1.6(5) of Schedule 8 of the Constitution: "There shall be thirty-one (31) Ministers, with fifteen (15) nominated by ZANU-PF, thirteen (13) by MDC-T and three (3) by MDC-M."

The constitution Schedule 8 "prevails notwithstanding anything to the contrary."

"Taxpayer's money is being unconstitutionally and unlawfully disbursed in the form of salaries and benefits, which are not due to the persons listed above who are unconstitutionally purporting to carry out ministerial duties.

" I submit that as a taxpayer, I am prejudiced by such unconstitutional and unlawful disbursements, as are other taxpayers in Zimbabwe," said Kupa in his papers filed by Harare lawyer, Nokuthula Moyo.

"As a citizen of Zimbabwe I am entitled to demand that the Constitution is respected and upheld, and that the legislative process is not compromised by these unconstitutional appointments. Any executive act undertaken by the unconstitutionally appointed 'ministers' is null and void, including the making of regulations.

"I am entitled as a citizen of Zimbabwe to demand that government is structured in accordance with the Constitution and that constitutionality and the rule of law are followed by the 1st and 2nd respondents."

The Attorney General (AG)'s Office, which represents the government, is yet to oppose the application.

Efforts to obtain a comment from the deputy AG responsible for the Civil Division were fruitless as he was said to be in South Africa.