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Legal Monitor - Issue 35
Zimbabwe Lawyers for Human Rights (ZLHR)
March 08, 2010

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Coup

President Robert Mugabe has once again unilaterally striped Movement foe Democratic Change (MDC) ministers off powers and empowered his appointees further widening fissures in the transitional government.

In the latest Extraordinary Government Gazzete released last week. Mugabe made his blue eyed boy, Patrick Chinamasa the most powerful minister in the shaky regime when he gave the Justice and Legal Affairs Minister 94 Acts of Parliament to administer.

Chinamasa one of Mugabe's most trusted lieutenant on legal matters will oversee the Zimbabwe Electoral Commission Act, Zimbabwe Human Rights Act, Political Parties Finance Act, Labour Act and Electoral Act, among many others. The justice minister is known for his unilateral stunt of pulling Zimbabwe out of the SADC Tribunal.

The embattled leader then allocated only three Acts to MDC's Erick Matinenga, the Minister of Constitutional and Parliamentary Affairs. Matinenga's Ministry was once part of the ministry of Justice, Legal and Parliamentary Affairs portfolio before the inception of the transitional government, which was headed by Chinamasa.

Mugabe usurped all powers from the Information and Communication Technology Minister Nelson Chamisa leaving him without any Act to administer. Previously Chamisa had a fight with Mugabe's ally Nicholas Goche whom he accused of encroaching into his ministerial mandate. Goche heads Transport Ministry, which has been broadened by Mugabe to encompass communications. Mugabe allocated the controversial Interception of Communication Act, to his dreaded Central Intelligence Organisation (CIO) based in his office, thus controlling the spying equipment sourced from China.

Prime Minister Tsvangirai's MDC has dismissed the seizure of ministerial powers because "there was no consultation" on the changes to the allocation of ministerial mandates.

"This is day-light robbery. There was no consultation at all," said Chamisa, the MDC spokesperson. "The Prime Minister saw it for the first time on Friday."

The re-allocation of ministerial mandates comes hardly a few weeks after President Mugabe's secretary Misheck Sibanda wrote to cabinet ministers and permanent secretaries instructing them to stop reporting to Prime Minister Morgen Tsvangirai but to Vice Presidents Joyce Mujuru and John Nkomo. The communication has since been recalled.

The latest move has further widened the divide between the partners in the transitional government as President Mugabe continues to act unilaterally in contravention of the Global Political Agreement (GPA), which provided the basis for the formation of the transitional authority.

According to the GPA Mugabe and Tsvangirai should agree on all senior government appointments and decisions before implementation.

Some of the Minsters who have no Acts to administer include, from MDC, Heneri Dzinotyiweyi, Science and Technology and Joel Gabuza, State Enterprises and Parastatals and from Deputy Prime Minister Arthur Mutambara's party, Priscilla Misihairambwi Mushonga, Minister of Regional Integration and International Cooperation.

The battle for the control of key state firms in the country's coalition government has created rifts in the 13 month old fragile power sharing deal entered by President Mugabe and Prime Minister Tsvangirai.

The power sharing agreement has offered the best hope of plucking Zimbabwe from deep recession and a political crisis that has fanned electoral violence since 2000, but several disagreements between President Mugabe and Prime Minister Tsvangirai have kept investors nervy.

Added Chamisa: "Just looking at my ministry, you can tell that ZANU PF has taken a ministry from the MDC. We cannot even call it a department. We have serious contravention of the GPA."

Excerpts of the Extraordinary Government Gazette:

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