THE Constitutional Court (ConCourt) will on Wednesday 15 July 2026 preside over the hearing and determination of an application filed by a prominent pro-democracy campaigner seeking to nullify President Emmerson Mnangagwa’s purported re-assignment of a former opposition political party legislator as chairperson of the Zimbabwe Human Rights Commission (ZHRC).
President Mnangagwa was sued by Allan Chipoyi, a former student union leader, who on 21 April 2026, filed an application at the ConCourt seeking an order to nullify the ZANU PF political party leader’s purported removal of former Harare West constituency legislator Hon. Jessie Majome as chairperson of ZHRC and re-assigning her to serve as a Commissioner in the Public Service Commission (PSC).
Hon. Majome, who was appointed by President Mnangagwa as Chairperson of ZHRC on 20 March 2024, was on 10 April 2026 “re-assigned” to serve as Commissioner in the PSC. Her removal as ZHRC Chairperson came immediately after ZHRC had actively exercised its constitutional mandate to monitor and assess the observance of human rights and democratic principles in Zimbabwe. Specifically, ZHRC had on 7 April 2026 issued a formal and public press statement in which it raised concerns about the flawed and exclusionary nature of the public consultation processes for Constitution of Zimbabwe Amendment Bill (No.3).
In the application, the 26-year-old Chipoyi, who is represented by Advocate Eric Matinenga and Advocate Tazorora Musarurwa instructed by Doug Coltart of Zimbabwe Lawyers for Human Rights, argued that President Mnangagwa had failed to fulfil his constitutional obligations provided in terms of section 90(1) of the Constitution, which requires him to uphold, defend, obey and respect the Constitution and to ensure that it is faithfully observed.
Chipoyi argued 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 in Zimbabwe.
The former student leader contended that the purported re-assignment of Hon. Majome remains a legal nullity and President Mnangagwa’s attempt to remove the former legislator as Chairperson of ZHRC remains a grave failure to fulfil peremptory obligations imposed on him by the Constitution and that his perilous actions threaten the fabric of the democratic state.
Chipoyi charged that the involuntary termination of a Chapter 12 Commissioner’s tenure constitutes a removal from office requiring the strict invocation of the section 187 tribunal procedure and hence by purporting to remove Hon. Majome from ZHRC without a tribunal recommendation, President Mnangagwa had failed to fulfil the specific constitutional obligations imposed by sections 237(3) and 187(8) of the Constitution.
Now, on Wednesday 15 July 2026 at 9:30 AM, the Constitutional Court will preside over and make a determination on Chipoyi’s application.
The pro-democracy campaigner wants the ConCourt to issue an order declaring that by purporting to remove Hon. Majome as Chairperson of ZHRC under the guise of a “re-assignment”, a mechanism not provided for in the Constitution as a means of interfering with the tenure of a member of an independent Commission, President Mnangagwa failed to fulfil his constitutional obligations as enshrined in Section 90(1) of the Constitution and Section 237(3) of the Constitution as read with Section 187(8) of the Constitution.
Chipoyi also wants the ConCourt to set aside President Mnangagwa’s directive re-assigning Hon. Majome to the PSC and to immediately reinstate her to the full, unhindered exercise of her functions, duties, powers and privileges as Chairperson of ZHRC.
In addition, the former student union leader wants the ConCourt to interdict President Mnangagwa from interfering with the functioning of the ZHRC or the tenure of its Chairperson or other Commissioners, save as is strictly permitted by the procedures set out in section 237 of the Constitution.
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