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{"source_url": "https://bulawayo24.com", "url": "https://bulawayo24.com/index-id-opinion-sc-columnist-byo-179844.html", "title": "Mphoko must receive a full package of his benefits", "top_image": "https://img.bulawayo24.com/articles/Cde-Phelekezela-Mphoko-.jpg", "meta_img": "https://img.bulawayo24.com/articles/Cde-Phelekezela-Mphoko-.jpg", "images": ["https://img.bulawayo24.com/articles/Cde-Phelekezela-Mphoko-.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/Mnangagwa-Binga-Mnangagwa.jpeg", "https://img.bulawayo24.com/articles/thumbs/65x52/Chamisa-Byo.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/chamisa-thinking-deeply.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/ZEC_003-960x396.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/binga_floods_Untitled-5-1-680x380.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/July-Moyo_July_0.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/OWEN-NCUBE-630x393.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/IMF_IMF_IMF.jpg", "https://mangoads.net/public/images/logo.png", "https://img.bulawayo24.com/articles/thumbs/65x52/MATEMADANDA-640x380.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/CMED-fuel.jpeg", "https://d5nxst8fruw4z.cloudfront.net/atrk.gif?account=Od4jj1aAkN002E", "https://img.bulawayo24.com/articles/thumbs/65x52/uz-gate.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/pupurai-togarepi.jpg-ed-has-my-vote.png", "https://img.bulawayo24.com/articles/thumbs/65x52/genocide_Gukurahundi-660x420-660x405.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/Thabitha-Khumalo-MDC-MPs_crying.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/Dr-Nkululeko-Sibanda.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/soldier-gun.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/Justice-Thompson-Mabhikwa.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/MNA-1_mnangagwa.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/committee_kazembe.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/chamisa-mbeki.png", "https://img.bulawayo24.com/articles/thumbs/65x52/Amacimbi-madora.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/sjambok.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/machetes-machetes.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/highlanders-club-house.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/Kazembe-Kazembe-630x393.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/gmaz_tafadzwa-musarara-etched-.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/mangudya_eyes_closed.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/KASUKUWERE-MUGABE-MEMORIAL-1200x600.jpg", "https://img.bulawayo24.com/articles/thumbs/65x52/News-placeholder.jpg"], "movies": [], "text": "Opinion / Columnist\n\nTo be fair, the former VP must be paid all his benefits as is stated in our Constitution. The legal reasoning here being that his resignation was not voluntary.There were unforeseen supervening circumstances. But for those circumstances that were beyond his own control and the then President, he would have wilfully served his full term or the prescribed term as embodied in our Constitution.In any contract, in terms of law, be it a sale of goods contract or employment contract law, any failure to perform or fulfil the obligations enshrined in that contract, if the supervening issues are not the making of that party to a contract (\"force majeure\"), there is no breach of contract.More like an \"ACT OF GOD\"(eg volcano ).The difference is that \"force majeure\" events are man-made(eg political mayhem). So, a party to that contract is absolved from any breach of the contract in question. Therefore, the removal of the previous government, which was the employer of former VP, was in terms of the law, a \" FORCE MAJEURE\".So, the VP must be given all what is due to him. He must be paid or given his benefits as if he served the term of office enunciated in our Constitution. If not, my argument is that that would be unfair, unreasonable and unjust to him and also in the eyes of the law.Law is not fixated to what is written in the Constitution.The law allows for derogation or waiving on that, depending on nature or circumstances surrounding that particular case. And more so the application of the law in legal reasoning, the way I have explained in the foregoing. Therefore, the former VP must receive a full package of his benefits. This is my own analyses without bias or prejudice.Njabulo.libertyatliberty at gmail dot com", "keywords": [], "meta_keywords": ["Bulawayo24", "BYO24", "Bulawayo24 News", "Todays news", "breaking news", "latest news", "news latest breaking stories", "online news", "world news", "Bulawayo news", "Zimbabwe news", "Africa news", "local news", "celebrity news", "todays sport news", "todays travel news", "", "Njabulo", "Mphoko", "Zimbabwe"], "tags": [], "authors": [], "publish_date": null, "summary": "", "article_html": "", "meta_description": "To be fair, the former VP must be paid all his benefits as is stated in our Constitution. The legal reasoning here being that his resignation was not voluntary....", "meta_lang": "en", "meta_favicon": "iphone_icon.jpg", "meta_data": {"Author": "eDuzeNet", "robots": "all", "resource-type": "document", "distribution": "Global", "rating": "General", "msvalidate.01": "022CA9F485832A68C49511254B5E2466", "fb": {"app_id": 200461333325113, "pages": 128990327163597}, "viewport": "width=device-width, initial-scale=1", "og": {"title": "Mphoko must receive a full package of his benefits", "type": "Article", "url": "https://bulawayo24.com/index-id-opinion-sc-columnist-byo-179844.html", "site_name": "Bulawayo24 News", "locale": "en_GB", "article": {"author": "Bulawayo24 News", "section": "Zimbabwe"}, "image": "https://img.bulawayo24.com/articles/Cde-Phelekezela-Mphoko-.jpg", "description": "To be fair, the former VP must be paid all his benefits as is stated in our Constitution. The legal reasoning here being that his resignation was not voluntary...."}, "description": "To be fair, the former VP must be paid all his benefits as is stated in our Constitution. The legal reasoning here being that his resignation was not voluntary....", "keywords": "Bulawayo24,BYO24, Bulawayo24 News, Todays news,breaking news,latest news,news latest breaking stories, online news, world news,Bulawayo news,Zimbabwe news,Africa news, local news, celebrity news, todays sport news, todays travel news,,Njabulo,Mphoko,Zimbabwe", "google-site-verification": "7dyL_hKmJUcDF4ivApjDahyb2GEVzOzr3dAT35fYuaE"}, "canonical_link": "https://bulawayo24.com/index-id-opinion-sc-columnist-byo-179844.html"} |
