News / National
'Mnangagwa's command cabinet picks illegal'
02 Dec 2017 at 06:43hrs | Views
PRESIDENT Emmerson Mnangagwa violated the constitution when he appointed more than five non-parliamentarians as ministers on Thursday, constitutional lawyer Professor Welshman Ncube has said.
The new ruling Zanu PF leader also beached the constitution by maintaining provincial affairs ministers, said Ncube who also heads the MDC party added while an opposition coalition threatened to sue the president over the issue.
The new constitution gazetted in May 2013 provides for the establishment of eight provincial councils and two metropolitan provincial councils. But almost five years after the crafting of the supreme law, the councils have not been set up.
On Thursday Mnangagwa announced a 22-member cabinet, ten ministers of state for provinces as well as six deputy ministers.
However, in an interview with New Zimbabwe.com Prof Ncube said the president violated both section 104 (3) and Chapter 14 (268) of the constitution.
"The President appointed eight non-elected people as cabinet ministers which is a clear violation of section (3).
"Like his predecessor, the president has also retained provincial affairs ministers which are unconstitutional," said Prof Ncube.
In terms of the constitution, ministers and deputy ministers are appointed from senators or members of the national assembly.
In addition, up to five ministers, chosen for their professional skills and competence, may be appointed from outside parliament.
However, Mnangagwa appointed eight cabinet ministers who are members of the legislature.
Some of the unelected new ministers include Christopher Mutsvangwa, Perrence Shiri, Sibusiso Moyo, Clever Nyathi, Winston Chitando, Victor Matemadanda, and July Moyo.
Prof Ncube said Mnangagwa's only option to rectify his appointments is to fire some of Zanu PF's proportional representation MPs and senators, and replacing them with the new ministers.
"The bottom-line is that the current appointments are illegal in terms of the constitution. We all have to see what Mnangagwa and Zanu PF will do to legitimise this flawed process," said Ncube.
The Presidential press secretary Mr George Charamba said yesterday, that Mnangagwa is alive to the constitutional requirement for him to appoint up to five Cabinet Ministers from outside Parliament and will find legally valid space to accommodate officials he appointed this week.
The Head of State and Government appointed a 22-member Cabinet on Thursday, which saw new faces coming into Government.
He also appointed six deputy ministers and 10 provincial affairs ministers. More than five of those appointed are neither Senators nor National Assembly members.
Section 104 (3) of the Constitution states that "Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament."
The Ministers designate are yet to take the oath of office. Mr Charamba said the new ministers would only be sworn-in after the law was "fully satisfied".
"Following last night's (Thursday) announcement of Ministers designate, His Excellency the President is aware that there is a legal issue which begs in order to effect those appointments," he said.
"At law, he is only allowed five ministerial appointments which means he has to find legally valid space for the other Ministers in order to make them appointable. He is alive to that problem. Except, his preoccupation is in assembling a goal-getting team, which triggers movement in the economy as outlined in his acceptance speech."
Mr Charamba said President Mnangagwa, a lawyer, respected the country's supreme law.
"At law, ministers become substantive once they are sworn-in and that has not happened and may not happen until and unless the law is fully satisfied and it won't be long," he said.
"The good thing is the people of Zimbabwe now know who their Cabinet members are likely to be for purposes of forward planning. More importantly, they can easily surmise from the designated persons what the new thrust and tempo is going to be. You will be hearing from us soon."
The new Ministers designate without constituencies include Air Force of Zimbabwe Commander Air Marshal Perrance Shiri (Lands, Agriculture and Rural Resettlement), Major General Sibusiso Moyo (Foreign Affairs and International Trade), Christopher Mutsvangwa (Information, Media and Broadcasting Services), July Moyo (Local Government, Public Works and National Housing), Professor Amon Murwira (Higher Education, Science and Technology Development) and Professor Clever Nyathi (Labour and Social Welfare).
Others are Mimosa Mining Company executive chairman Mr Winston Chitando (Mines and Mining Development), Victor Matemadanda (deputy Minister for War Veterans) and Pupurayi Togarepi (deputy Minister for Youth Affairs).
The new appointments saw previous line ministries with functional duplications being merged.
The new ruling Zanu PF leader also beached the constitution by maintaining provincial affairs ministers, said Ncube who also heads the MDC party added while an opposition coalition threatened to sue the president over the issue.
The new constitution gazetted in May 2013 provides for the establishment of eight provincial councils and two metropolitan provincial councils. But almost five years after the crafting of the supreme law, the councils have not been set up.
On Thursday Mnangagwa announced a 22-member cabinet, ten ministers of state for provinces as well as six deputy ministers.
However, in an interview with New Zimbabwe.com Prof Ncube said the president violated both section 104 (3) and Chapter 14 (268) of the constitution.
"The President appointed eight non-elected people as cabinet ministers which is a clear violation of section (3).
"Like his predecessor, the president has also retained provincial affairs ministers which are unconstitutional," said Prof Ncube.
In terms of the constitution, ministers and deputy ministers are appointed from senators or members of the national assembly.
In addition, up to five ministers, chosen for their professional skills and competence, may be appointed from outside parliament.
However, Mnangagwa appointed eight cabinet ministers who are members of the legislature.
Some of the unelected new ministers include Christopher Mutsvangwa, Perrence Shiri, Sibusiso Moyo, Clever Nyathi, Winston Chitando, Victor Matemadanda, and July Moyo.
Prof Ncube said Mnangagwa's only option to rectify his appointments is to fire some of Zanu PF's proportional representation MPs and senators, and replacing them with the new ministers.
"The bottom-line is that the current appointments are illegal in terms of the constitution. We all have to see what Mnangagwa and Zanu PF will do to legitimise this flawed process," said Ncube.
The Head of State and Government appointed a 22-member Cabinet on Thursday, which saw new faces coming into Government.
He also appointed six deputy ministers and 10 provincial affairs ministers. More than five of those appointed are neither Senators nor National Assembly members.
Section 104 (3) of the Constitution states that "Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament."
The Ministers designate are yet to take the oath of office. Mr Charamba said the new ministers would only be sworn-in after the law was "fully satisfied".
"Following last night's (Thursday) announcement of Ministers designate, His Excellency the President is aware that there is a legal issue which begs in order to effect those appointments," he said.
"At law, he is only allowed five ministerial appointments which means he has to find legally valid space for the other Ministers in order to make them appointable. He is alive to that problem. Except, his preoccupation is in assembling a goal-getting team, which triggers movement in the economy as outlined in his acceptance speech."
Mr Charamba said President Mnangagwa, a lawyer, respected the country's supreme law.
"At law, ministers become substantive once they are sworn-in and that has not happened and may not happen until and unless the law is fully satisfied and it won't be long," he said.
"The good thing is the people of Zimbabwe now know who their Cabinet members are likely to be for purposes of forward planning. More importantly, they can easily surmise from the designated persons what the new thrust and tempo is going to be. You will be hearing from us soon."
The new Ministers designate without constituencies include Air Force of Zimbabwe Commander Air Marshal Perrance Shiri (Lands, Agriculture and Rural Resettlement), Major General Sibusiso Moyo (Foreign Affairs and International Trade), Christopher Mutsvangwa (Information, Media and Broadcasting Services), July Moyo (Local Government, Public Works and National Housing), Professor Amon Murwira (Higher Education, Science and Technology Development) and Professor Clever Nyathi (Labour and Social Welfare).
Others are Mimosa Mining Company executive chairman Mr Winston Chitando (Mines and Mining Development), Victor Matemadanda (deputy Minister for War Veterans) and Pupurayi Togarepi (deputy Minister for Youth Affairs).
The new appointments saw previous line ministries with functional duplications being merged.
Source - newzimbabwe-chronicle
