Charamba Defends Majome Reassignment as Lawyers Cite Constitutional Breach

HARARE – Zimbabwe’s Presidential spokesperson George Charamba has defended the reassignment of Jessie Majome from the Zimbabwe Human Rights Commission, dismissing criticism from legal experts who argue the move may violate constitutional provisions governing independent commissions. The controversy, which escalated between 10 and 11 April, has sparked a broader legal and political debate over the limits of executive authority and the independence of constitutional bodies.

Charamba argued that decisions within constitutional commissions are collective and not attributable to individuals.

“The way our Constitutional Commissions are constituted… any deliberation, decision or pronouncement… is the outcome of the whole Commission,” he said.

He also criticised what he described as selective outrage, pointing to previous reactions to Majome's appointment as chairperson of the commission.

Supporting this view, Simiso Mlevu, spokesperson for the Zimbabwe Anti-Corruption Commission, said the reassignment was not without precedent.

“By the way, this is not the first time she has been re-assigned. In March 2024, she was re-assigned to ZHRC from ZACC,” she said, questioning why critics were raising concerns now.

However, several prominent lawyers have challenged the legality of the move, arguing that it may amount to an unlawful removal from office. Thabani Mpofu said members of independent commissions can only be removed under strict constitutional procedures.

“A member of an Independent Commission… can only be removed from office under Section 237(2) of the Constitution,” he said, adding that a tribunal process is required.

Siphosami Malunga argued that the Constitution does not provide for “reassignment” of commissioners.

“The process to remove her from ZHRC is ultra vires the Constitution… invalid, void and unenforceable,” he said.

Legal practitioner Obey Shava echoed similar concerns, describing the move as lacking a constitutional basis, while Doug Coltart questioned whether due process had been followed.

The reassignment comes amid heightened scrutiny following a report by the Zimbabwe Human Rights Commission on consultations regarding Constitutional Amendment No. 3, which has itself drawn criticism from civil society and opposition groups.

Analysts say the timing has added to perceptions that the move may be politically sensitive, although authorities have not directly linked the two developments.

Zimbabwe’s Constitution provides specific procedures for removing members of independent commissions, typically involving investigations and recommendations from the Judicial Service Commission. Legal analyst Dr. Alex Magaisa said the issue may ultimately require judicial clarification.

“This is a constitutional question that may need to be tested in the courts to establish the limits of executive power over independent commissions,” he said.

Charamba has challenged critics to pursue legal action, stating: “Go to court… and we meet you there.” With sharply divided views between government and legal experts, the matter is likely to head to the courts, where a definitive interpretation of the Constitution could set a precedent for future appointments and reassignments.

Jessie Majome reassignment