Supreme Court reserves judgment on bloated cabinet case

The Supreme Court today reserved judgment in a case in which a civil society activist is challenging the composition of the bloated cabinet and wants ministerial portfolios trimmed to 31.

Moven Kufa, a civil society activist, and The Voice for Democracy Trust appealed to the Supreme Court after High Court Judge President, Justice George Chiweshe dismissed their application seeking to compel President Robert Mugabe and Prime Minister Morgan Tsvangirai to adhere to the Constitution by reducing the ministerial complement of government to 31 from the current 41.

Although Justice Chiweshe noted that Kufa was right to say President Mugabe and Prime Minister Tsvangirai had breached the Constitution by appointing 41 ministers instead of the 31 agreed under the Global Political Agreement, he ruled that granting Kufa's application would destabilise the coalition government, cause unnecessary confusion and prejudice the public interest.

But a determined Kufa took his case to the Supreme Court where his lawyer, Advocate David Ochieng on Thursday 19 July 2012 insisted that President Mugabe and Prime Minister Tsvangirai had breached the Constitution by appointing ten more ministers than the constitutionally mandated 31. Ochieng argued that the appointment of extra ministers by President Mugabe in consultation with Prime Minister Tsvangirai was unconstitutional and therefore null and void.

He also argued that the bloated executive is unlawfully chewing up taxpayers' money. President Mugabe and Prime Minister Tsvangirai were cited as First and Second Respondents respectively, together with Youth Development, Indigenisation and Empowerment Minister, Saviour Kasukuwere, Agriculture, Mechanisation and Irrigation Development Minister Joseph Made, Tourism and Hospitality Industry Minister Walter Mzembi, Minister of State in Vice-President John Nkomo's Office Flora Bhuka, Minister of State in Vice-President Joice Mujuru's Office Sylvester Nguni, Minister of Health Henry Madzorera, Minister of National Housing and Social Amenities Giles Mutsekwa and co-Minister of National Healing Sekai Holland.

The full Supreme Court Bench made up of Chief Justice Godfrey Chidyausiku, Justices of Appeal Vernanda Ziyambi, Paddington Garwe, and Anne-Mary Gowora, and Acting Justice of Appeal Yunus Omerjee heard arguments from Ochieng and President Mugabe and Prime Minister Tsvangirai's lawyer, Advocate Lewis Uriri, who opposed Kufa's application. Uriri also applied for a joinder of the three main political parties - namely Zanu-PF, the MDC-T and MDC - to the application arguing that the political parties were responsible for nominating the ministers.

Chief Justice Chidyausiku reserved judgment in the matter. President Mugabe, acting in consultation with Prime Minister Tsvangirai, appointed a total of 41 government ministers in February 2009 after the formation of the coalition government. The number of ministers exceeded by 10 the 31 ministers provided for in terms of Article 20.1.

6 (5) of Schedule 8 to the Constitution. The ministers cited above were all appointed after the 31st appointee. Their appointments were thus made in excess of the 31 ministers provided for in terms of Schedule 8 to the Constitution.