Mugabe is the only person mandated to reappoint Chihuri - Tomana

PRESIDENT Mugabe is the only person with the mandate to appoint or reappoint the Commissioner-General of Police and other constitutional bodies without consulting anyone except the Public Service Commission, Attorney-General Mr Johannes Tomana, has said.

The AG's remarks follow claims in the media that Comm-Gen Augustine Chihuri's term of office had ended, and should not be extended without the consent of other principals to the inclusive Government.

Such reports, the AG said, could lead to lawlessness if taken as a fact by those falling under Comm-Gen Chihuri as his orders may be disobeyed.

"Our Constitution is very clear. The Commissioner-General is appointed by the President and in appointing, he should consult certain bodies such as the Public Service Commission. The PSC is like an instrument for the President to pick the best person.

"According to our Constitution, the Commissioner-General as an executive office serving the Executive Presidency, is to be appointed by him (President) and the President has that leeway to consult whoever he wishes, but in particular the PSC," Mr Tomana said.

Reports in the private media said the President had to consult other principals in the inclusive Government before either reappointing Comm-Gen Chihuri or choosing a successor.

Prime Minister Morgan Tsvangirai is on record as saying President Mugabe cannot reappoint Comm-Gen Chihuri without his consent.

But yesterday, Mr Tomana branded such reportage "criminal" and warned his office will take action.

"His (Comm-Gen Chihuri's) case is about reappointment, not appointment. The GPA deals with appointments. The GPA uses specific language, it refers to appointments and not reappointments and the issues

considered in appointments are very different from those that are considered in reappointment," he said.

The AG cited the cases of the five ambassadors - Phelekezela Mphoko (Russia to South Africa), Mary Mubi (Sweden to Italy), Steven Chiketa (Australia to Sweden), Chitsaka Chipaziwa (Geneva to Vienna) and Margaret Muchada (Italy to Belgium) - who were reassigned without input from the MDC formations and the 10 provincial governors who were similarly reappointed.

The MDC formations have for years called for Comm-Gen Chihuri's ouster, claiming he was partisan.

"These voices have no mandate if that mandate is not coming from the President. They are serving at the pleasure of the President.

"The Constitution as it stands should be enforced if we must remain a sane nation. From now on we are not going to be tolerating or condoning, as custodians of the enforcement arm of our laws, any form of lawlessness, especially lawlessness meant to weaken our constitutional pillars that include the Commissioner-General's office," Mr Tomana said.

He said everybody must understand that the Comm-Gen's office "was the only executive authority that the Head of State uses to guarantee security in the country".

"No one should interfere with that institution, except the President who is answerable to the people for its success and failures. Breaches of the Constitution from now on around that office will not be tolerated.

"The same applies to all other constitutional offices through which the Presidency uses to deliver the Constitutional protection that citizens of this country are entitled to," Mr Tomana said.

He added: "I am inviting the media to pay special attention to the laws around contempt of court and laws around obstruction of justice because this country, especially now, will rely on true and substantive administration of justice by our judiciary.

"We will protect this institution with equal strength or firmness. We will not continue to watch violation of the law."

Chapter 1X, Section 93, (1) and (2) of the Constitution explains that the Comm-Gen is appointed by the President and he does not need Cabinet approval or members of the inclusive Government.

(1) There shall be a Police Force, which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.

(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner-General of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.

Political analyst Professor Jonathan Moyo yesterday took a swipe at the MDC formations saying they have no business discussing the Comm-Gen's employment contract.

"This is really much ado about nothing. This hullabaloo is coming from people whose positions in Government are illegal, who want to complain about someone who is legal. So in fact you have an illegality attacking legality. All this is done for selfish reasons by people scared of the fact that elections are looming on the horizon. This should be dismissed by all right-thinking people.

"We should not accept such lawlessness in the name of the GPA. What is amazing is the claim that the emergency National Security Council meeting (today) has been called to discuss Chihuri. Even fools know that meetings of the NSC take precedence over any other.

"The meeting is there to discuss issues of national security not employment contracts. The very suggestion that bodies like the NSC can meet to discuss employment contracts is evidence that we have a dysfunctional Government with people who do not know the functions of State bodies," he said.