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Tsvangirai, Mutambara want to pretend they have power in the inclusive Government: Madhuku
13 Feb 2012 at 05:17hrs | Views
CONSTITUTIONAL lawyer Professor Lovemore Madhuku says Prime Minister Morgan Tsvangirai overestimates his power in the inclusive Government.
He said it was clear from the rules governing the Government that President Mugabe is vested with executive powers to make key decisions.
Prof Madhuku was contributing to debate on the reappointment of service chiefs last week.
PM Tsvangirai and Deputy Prime Minister Arthur Mutambara held a Press conference claiming they had blocked the reappointment of Police Commissioner-General Augustine Chihuri.
This turned out to be mere grandstanding after it emerged that the President had constitutionally extended Comm-Gen Chihuri's term and those of other service chiefs.
"This is what we have always seen with the inclusive Government," said Prof Madhuku.
"The reality is that power resides with the President, but the other players in the inclusive Government will always want to pretend that they also have some power, some responsibility, and this is what keeps creating this circus."
Prof Madhuku said PM Tsvangirai and DPM Mutambara should follow the negotiated power sharing agreement, which left all executive authority at President Mugabe's discretion because they agreed to it.
He said the two were constrained by their lack of authority on the reappointment of service chiefs.
PM Tsvangirai told the media last week that Comm-Gen Chihuri had been reappointed in an acting capacity.
The Constitution stipulates that President Mugabe should consult the Defence Service Commission, the Prison Service Commission and the Police Service Commission when appointing or reappointing service chiefs.
But PM Tsvangirai claimed that he should also be consulted.
The PM has been accused, on several occasions, of trying to usurp powers vested in the President by the Constitution.
Some ministers from his party, principally Finance Minister Tendai Biti, have tried to circumvent due process in a bid to claim executive powers that they are not provided by the Constitution.
Minister Biti recently came under fire from the three Principals in the inclusive Government and his ministerial colleagues in 2010 over his controversial bid to strip President Mugabe of regulatory powers vested in him by the Exchange Control Act.
Minister Biti was attempting to acquire the powers through clandestine amendments to the Act.
He had tried to manoeuvre through Parliament amendments to the Exchange Control Act contained in the Finance Bill, which would have resulted in President Mugabe's regulatory powers in the Act being transferred to him.
He said it was clear from the rules governing the Government that President Mugabe is vested with executive powers to make key decisions.
Prof Madhuku was contributing to debate on the reappointment of service chiefs last week.
PM Tsvangirai and Deputy Prime Minister Arthur Mutambara held a Press conference claiming they had blocked the reappointment of Police Commissioner-General Augustine Chihuri.
This turned out to be mere grandstanding after it emerged that the President had constitutionally extended Comm-Gen Chihuri's term and those of other service chiefs.
"This is what we have always seen with the inclusive Government," said Prof Madhuku.
"The reality is that power resides with the President, but the other players in the inclusive Government will always want to pretend that they also have some power, some responsibility, and this is what keeps creating this circus."
Prof Madhuku said PM Tsvangirai and DPM Mutambara should follow the negotiated power sharing agreement, which left all executive authority at President Mugabe's discretion because they agreed to it.
He said the two were constrained by their lack of authority on the reappointment of service chiefs.
PM Tsvangirai told the media last week that Comm-Gen Chihuri had been reappointed in an acting capacity.
The Constitution stipulates that President Mugabe should consult the Defence Service Commission, the Prison Service Commission and the Police Service Commission when appointing or reappointing service chiefs.
But PM Tsvangirai claimed that he should also be consulted.
The PM has been accused, on several occasions, of trying to usurp powers vested in the President by the Constitution.
Some ministers from his party, principally Finance Minister Tendai Biti, have tried to circumvent due process in a bid to claim executive powers that they are not provided by the Constitution.
Minister Biti recently came under fire from the three Principals in the inclusive Government and his ministerial colleagues in 2010 over his controversial bid to strip President Mugabe of regulatory powers vested in him by the Exchange Control Act.
Minister Biti was attempting to acquire the powers through clandestine amendments to the Act.
He had tried to manoeuvre through Parliament amendments to the Exchange Control Act contained in the Finance Bill, which would have resulted in President Mugabe's regulatory powers in the Act being transferred to him.
Source - TH
