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3 August, 2012 - 14:58

Mugabe liable for prosecution according to new constitution

President Robert Mugabe can be prosecuted for “civil and criminal” crimes he might have committed before and during his time in office according to the country’s new constitutional draft.
From our top partner Radio VOP
Section 5.11 of the draft, which deals with presidential immunity, states that “while in office the president is not liable to civil or criminal proceedings in any court for things done or omitted to be done in his or her personal capacity.”
It however further states that “civil or criminal proceedings may be instituted against a former President for things done and omitted to be done before he or she became President or while he or she was President.”
Mainstream MDC party Secretary General Tendai Biti, a lawyer by profession, told members of the civic society on Wednesday afternoon that this was the most important feature of the new constitution.
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“One of the most important things we have done is that the president can be prosecuted after office for civil and criminal omissions done before he became president or during his presidency,” said Biti.
“If the president were to order 30 000 people to be shot and killed during Gukurahundi when he becomes a civilian he can be prosecuted and it’s a very important safe guard to democracy.”
Biti said apart from providing for the prosecution of the president the new constitution also makes it very difficult for the president to amend the constitution.
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