The Constitutional Court is set to hear a case challenging President Emmerson Mnangagwa's decision to remove Jessie Majome as chairperson of the Zimbabwe Human Rights Commission (ZHRC) and reassign her to the Public Service Commission (PSC).
The application was filed by pro-democracy activist Allan Chipoyi, 26, who argues that Mnangagwa acted outside the Constitution by reassigning Majome without following the removal procedure prescribed for members of independent commissions.
Chipoyi, represented by advocates Eric Matinenga and Tazorora Musarurwa, instructed by Zimbabwe Lawyers for Human Rights (ZLHR) lawyer Doug Coltart, wants the Constitutional Court to nullify the president's directive and order Majome's reinstatement as ZHRC chairperson.
According to court papers, Chipoyi argues that the president "failed to fulfil his constitutional obligations" under Section 90(1) of the Constitution, which requires the head of state to "uphold, defend, obey and respect the Constitution and ensure that it is faithfully observed."
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He contends that the "unlawful interference with the tenure and independence of Hon. Majome directly undermines the constitutional safeguards designed for the benefit of all citizens and erodes the constitutionally guaranteed independence of members of independent commissions."
Majome, a former opposition legislator for Harare West, was appointed ZHRC chairperson in March 2024 before being reassigned to serve as a commissioner in the Public Service Commission on April 10 this year.
Her removal came just days after the Zimbabwe Human Rights Commission publicly criticised the consultation process for the controversial Constitution of Zimbabwe Amendment Bill (No. 3), saying the public outreach exercise had been flawed and exclusionary.
Chipoyi argues that the timing of the reassignment raises constitutional concerns and maintains that the move was not authorised by the Constitution.
"The purported re-assignment of Hon. Majome remains a legal nullity," he argues in his application, adding that the president's actions "threaten the fabric of the democratic state."
He further argues that removing a commissioner of a Chapter 12 independent commission can only be done through the tribunal process set out in Sections 187 and 237 of the Constitution.
"By purporting to remove Hon. Majome from ZHRC without a tribunal recommendation, President Mnangagwa failed to fulfil the specific constitutional obligations imposed by Sections 237(3) and 187(8) of the Constitution," the application states.
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Chipoyi is asking the Constitutional Court to declare the reassignment unconstitutional, set aside the president's directive transferring Majome to the PSC, and immediately reinstate her as chairperson of the Zimbabwe Human Rights Commission.
He also wants the court to permanently bar Mnangagwa from interfering with the tenure of commissioners serving on the ZHRC except through procedures expressly provided for in the Constitution.
