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This article participates on the following special index pages:
Inclusive government - Index of articles
Zimbabwe's
new illegal unity government
Derek
Matyszak, Research and Advocacy Unit Zimbabwe
February
19, 2009
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If the intention
of Zimbabwe's new unity government is to set about restoring the
rule of law in Zimbabwe, it could not have had a more inauspicious
start. Those currently supposedly occupying Ministerial and Cabinet
positions do so in violation of the constitution.
The September
agreement between ZANU PF and the two MDC formations has been incorporated
into Zimbabwe's constitution as Schedule 8 by virtue of section
14 of Constitutional
Amendment 19. Article 20.1.6(5) "Composition of the Executive"
of schedule 8 sets the number of Ministers:
There
shall be thirty-one (31) Ministers, with fifteen (15) nominated
by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M. [Of
the 31 Ministers, three (3) one each per Party, may be appointed
from outside the members of Parliament].
Accordingly,
the constitutional limit for the number of Ministers is 31, and
the posts must be apportioned between the parties nominees in the
ratios required by the constitution.
On Friday 13th
February, Mugabe purported to swear in 35 Ministers. The parties
apparently agreed to add three additional ministers for ZANU PF
and one for each of the MDC formations, bringing the total number
of Ministers to 36. One Minister designate was not available for
swearing in, ostensibly attending to business in South Africa, but,
having been linked with the same allegations which landed deputy
minister designate Roy Bennett in prison on the day of the ceremony,
had probably decided that discretion was the better part of valour.
Many people
have remarked that the swearing in of additional ministers violates
the agreement. But it is more important that the attempt to swear
in four extra ministers is clearly unconstitutional. The parties
cannot simply agree to ignore the constitutionally prescribed limit
on ministers.
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