Constitutional Court Decision ‘Wrong’ – Professor Ncube

The leader of the smaller MDC, Professor Welshman Ncube has weighed in on the discussion around the Constitutional Court’s 31 July elections declaration.

Professor Ncube who is a constitutional lawyer posted his opinion on the MDC party website on Thursday. This was pursuant to the party’s legal secretary Senator David Coltart posting his opinion on Facebook.

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A judgment by the final court in the land has far reaching implications considering that, if it is wrong, it is uncorrectable. The power to be the final arbiter in any country surely carries with it immense responsibility. Thus any final court in any country should be scrupulously careful and responsible.

We all need to respect court judgments because not to do so invites anarchy. Courts of law should in turn avoid, at all costs, inviting intellectual ridicule on themselves. When you have immense final judicial authority, as does our Constitutional Court, you must not make judgments which tell us that 1 plus 1 equals 3. We all know that 1 plus 1 equals 2 NOT 3.

No court of law should ask us to believe and accept that 1 plus 1 equals 3. I have read and reread the majority judgment over and over, again and again and I have read again and again the provisions of the former constitution and the current constitution that fell for interpretation and my mind refuses to accept the possibility of the correctness of that judgment.

To accept that judgment as correct would amount to me committing grave violence on my intellect. With the greatest respect, the majority judgment is PLAINLY wrong. One plus one is not three. Yes, the judgment binds us and we have to comply with it to the extent that it will be possible to do so, but we cannot accept that it is correct when it is plainly wrong.

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Two in one day. Certainly gives a lot of bits for Jonathan Moyo and Nathaniel Manheru to have a go at.