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Mphoko's legitimacy to act as President falls away as he is fired and is in exile - MDC official

by Stephen Jakes
23 Nov 2017 at 11:11hrs | Views
MDC Alliance official Bekezela Maduma Fuzwayo has said the assumptions that Phelekezela Mphoko is the most legitimate person to act as president following Robert Mugabe's resignation are not reliable as he is in exile on top of having been fired from the party and the party has a prerogative to chose the candidate to forward for inauguration.

So far the party has since endorsed former Vice President Emmerson Mnangagwa as the only possible candidate amid reports he will be sworn in as the new head of state.

"Those who are busy saying that Mphoko has an automatic 90 days as President of the country where are you getting that? We need to understand our constitution and speak factually than start throwing unfounded allegations that Mphoko is being denied his 90 days reign. The constitution in schedule six says that when the President is gone the last Vice President to act as President will ACT as President up to 90 days not for 90 days. Secondly, the political party that provided the last President must within those 90 days present the Speaker of Parliament with the a name of the new person to take over as President and the acting President immediately ends the acting period," Maduma said.

"When that name is presented, the appointed person must then be sworn in within 48 hours of the name being presented to parliament. In this case, indeed Mphoko would be the legit Acting President of the country and could if he was here act at least over night tonight until ZANU PF submit Emerson Mnangagwa's name tomorrow morning if they have not done so already. The challenge however is that Mphoko is on some exile and was also dismissed from his party which all tentatively incapacitates him from being acting President."

He said in reality overnight Zimbabwe is on "auto pilot" with no standing or acting President maybe running in the hands of General Chiwenga.

"Unlike what other people are saying, Jacob Mudenda as Speaker of Parliament is also not the acting President as there is no provision giving him those powers in the constitution. What it means is that ZANU PF have to race against time and make sure that their preferred candidate, Mnangagwa is in the country at least by end of day tomorrow and not beyond Thursday from where ever he is hiding for him to be sworn in. He needs not wait for ninety days," he said.

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