Back to Index
holds post 'illegally'
Maponga, The Standard (Zimbabwe)
July 31, 2005
the Minister of Small and Medium Enterprises Development is now
in Cabinet illegally, The Standard can reveal. The Standard understands
that Nyoni's term of office expired on 15 July this year.
In what appears to be a flagrant disregard of the laws of Zimbabwe,
President Robert Mugabe continues to accommodate the minister in
his Cabinet despite the expiry of a constitutional three-month grace
period that allowed him to regularise her appointment.
laws, a person can only occupy a ministerial position if he or she
is a duly elected Member of Parliament or a Non-Constituent MP.
who lost the Bulawayo South constituency in the 31 March parliamentary
elections to the Cabinet in April this year, Mugabe said he wanted
to ensure gender balance and promised to make arrangements for her
to become an MP.
the swearing in ceremony for the Sixth Parliament and the subsequent
parliamentary sessions, Mugabe has not found a way out of the legal
Up to now, Nyoni
has not set foot in Parliamentary chambers. Her name and ministry
do not appear in the official parliamentary publication, the Hansard.
Only that of her deputy minister, Kenneth Mutiwekuziva, the Member
of Parliament for Uzumba-Maramba-Pfungwe is listed.
have either gotten into parliament through a by-election or if Mugabe
had asked one of the appointed MPs to resign. Another avenue would
have been if Zanu PF had fast-tracked the re-introduction of the
senate where a number of party officials who did not win parliamentary
elections are expected to find sanctuary.
have contested the Mudzi by-election, in Mashonaland East, but the
Zanu PF provincial executive said they could not accommodate the
minister as they had already come up with their own candidate, Christopher
Muza. The constituency fell vacant after Ray Kaukonde was appointed
the provincial governor for Mashonaland East.
the director of the Zimbabwe Lawyers for Human Rights (ZLHR), said
they were filing a court application against the minister's position
He said according
to the Constitution, Nyoni was now sitting in the Cabinet illegally.
should have regularised that position during the three months grace
period provided for in the Constitution. We are already filing court
papers for her position to be declared illegal because she has no
mandate to be in Cabinet," Tsunga said.
He said the
President failed to use all the available options to ensure Nyoni
found a constituency.
"It is very
unhealthy to have a minister who does not seat in Parliament," he
for a comment Nyoni said she was operating legally: "If you want
to know about my status, why don't you talk to the President because
he is the one who appointed me. There is no illegality about my
Zanu PF national
chairman and Speaker of Parliament, John Nkomo, said he was not
in the executive. "That question is best answered by the executive,"
the Minister of Justice, Legal and Parliamentary Affairs said: "Refer
that question to the President's Office."
Mugabe is out
of the country on official visit to China. His two Vice Presidents
were not immediately available for comment.
the Clerk of Parliament, said he was not the best person to talk
about the Cabinet appointments.
"She has never
attended Parliament and if you need a clear position on the issue
talk to Patrick Chinamasa," Zvoma said.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.