HARARE – A pro-democracy activist has dragged President Emmerson Mnangagwa to the Constitutional Court arguing that the recent removal of the human rights commission chairperson was unconstitutional.
The case is expected to test the limits of executive power over independent institutions.
Allan Chipoyi, represented by Mtetwa & Nyambirai Legal Practitioners, filed the application in Harare seeking a declaratory order that Mnangagwa’s action was unlawful.
He argues that Mnangagwa “failed to fulfil his constitutional obligation” by “reassigning” Fungayi Jessie Majome from the Zimbabwe Human Rights Commission (ZHRC) to the Public Service Commission.
Chipoyi contends the move, announced on April 10, 2026, was “in substance and effect, a removal from office,” despite being framed as a reassignment.
“The constitution does not permit the executive to circumvent its safeguards by relabelling a removal as a ‘reassignment’,” he argues in his affidavit.
The application centres on constitutional provisions that protect the independence and tenure of members of Chapter 12 institutions, including the ZHRC.
Chipoyi argues that any removal must follow a strict process involving an independent tribunal.
“Such removal may only be effected… pursuant to the recommendations of a duly constituted tribunal,” he states, adding that no such tribunal was appointed in Majome’s case.
The ZHRC had days earlier raised concerns about the conduct of public consultations on the Constitution of Zimbabwe Amendment (No. 3) Bill, citing “harassment and intimidation of dissenting voices” and “a pattern of controlled participation.”
Chipoyi argues there is a “direct, undeniable nexus” between those findings and Majome’s abrupt removal, describing the action as “a punitive, retaliatory measure designed to purge a dissenting constitutional voice.”
He further accuses the president of breaching his broader constitutional duties.
“By failing to comply with the prescribed procedure… Mnangagwa failed to fulfil his constitutional obligation to obey, uphold and respect the constitution,” the application reads.
Chipoyi warns the implications extend beyond one office.
“If this action is permitted to stand, it renders the concept of independent commissions entirely illusory,” he says, arguing it could create “a chilling effect across the constitutional landscape.”
Chipoyi seeks a court declaration that Mnangagwa violated his constitutional obligations, the setting aside of the April 10 directive, and the immediate reinstatement of Majome as ZHRC chairperson.
He also wants the court to bar any interference with the commission’s operations except through constitutionally prescribed procedures.
The Constitutional Court is yet to hear the case.
The post Majome removal from rights commission challenged in ConCourt appeared first on Zimbabwe News Now.