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Zanu PF's intention to appoint acting Ministers unconstitutional
Movement for Democratic Change (MDC)
October 28, 2009

The announced intention by Zanu PF to appoint acting ministers through the office of the President is not only unfortunate but it is as illegal as it is ill-thought.

It is self-evident that Zimbabwe at the present is on a precipice following the decision announced by the MDC President on the 16th October 2009 to disengage the MDC from the two executive organs of Government where it interacts with Zanu PF; namely Cabinet and the Council of Ministers.

Such a decision, which was made on the backdrop of a serious history of callous disregard to the GPA and lack of respect of the MDC as an equal partner is a decision with grave Constitutional implications.

One of the obvious Constitutional implications is that the execution of executive powers by this Government is crippled. Executive power resides in office of the President, the Prime Minister and Cabinet. The proper quorum and representation of Cabinet does not lie in individual ministries but in their respective political organs.

Put simply, Cabinet executive power is being shared by the three political parties represented in the same. That means that if one of the political parties withdraws from that Cabinet, then the same cannot function and the same cannot make any meaningful decision. This has been evident in the last two weeks where this forum has been reduced to a talking shop.

The second critical implication is that to the extent that the President acts in consultation or in agreement with the Prime Minister on all key decisions of the State and to the extent that as a result of the disengagement the two are not meeting, this means that many key decisions are not being made. The conclusion on the appointments of Constitutional bodies and Commissions following interviews held by Parliament is a case in point.

Given this scenario, what is required is for Zanu PF to address fully the issues the MDC is raising. The issues are simple: Comply with the SADC communiqué of 26 January 2009 by ensuring that there is a full complement of Ministers and deputies, the issue of the Attorney-General and the Reserve Bank of Zimbabwe governor, the appointment of provincial governors; that the National Security Council meets regularly in terms of the law and that there be a review of ministerial allocations forthwith.

It eludes our wisdom why these simple issues should prove difficult to execute unless of course one was never serious about the inclusive government itself or one had other ulterior motives.

With regards to the appointment of ministers, it is quite clear that Ministries were not appointed at the discretion of Zanu PF or Mr Mugabe. Article 20.1.6 subsection 5 of schedule 8 to the Constitution of Zimbabwe clearly defines that there will be 31 Ministers with 15 from Zanu PF from the 13 from the MDC and three from the other MDC formation.

Furthermore, it was clearly defined that Ministers and deputy ministers may be relieved of their duties only after consultation of the Principals of the parties participating in the inclusive government.

The full import of the above provision is that at all material times, there will be 15 Ministers from Zanu PF, 13 from the MDC and three from the other MDC formation led by Professor Mutambara. The attempt to illegally appoint acting ministers amounts in fact to a rewriting of Article 20.1.6 subsection of 5 of the 8th schedule of the Constitution of Zimbabwe. Put simply, it amounts to a Constitutional Amendment or more cynically, it amounts to a fundamental breach of the GPA. In short, should Zanu PF proceed with their intentions, they are simply serving notice that the GPA has broken down. If that is the case, as President Tsvangirai made it clear on 16 October 2009, an election under international supervision will be the only way forward.

Whilst acting ministers are appointed, the practice has been that this is only the case when a particular minister is out of the country or where there has been consultation between the principals. In all situations, the acting minister has always been from the party that the substantive minister comes from. What Zanu PF intends to do is not to appoint acting ministers, but to usurp the Constitution of Zimbabwe by appointing their own ministers.

Part of this attitude is what we are contesting against. The lack of respect, the contempt and the unilateralism is what has been wrong about the Zanu PF attitude. This is not a Zanu PF government but an inclusive government. If they want a Zanu PF government, they must win a free and fair election.

What is required now is soberness, reflection and the ability to put the people of Zimbabwe first. More importantly, the honour to respect our own agreements. We pray that for the sake of the suffering and brutalised Zimbabweans, sobriety, Godliness, honesty, selflessness, leadership and wisdom must intervene for the sake of Zimbabweans.

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