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Mnangagwa under fire over son's army promotion
2 hrs ago |
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President Emmerson Mnangagwa has come under scrutiny after a constitutional law expert said he acted improperly by promoting his son, Sean, to a senior military rank.
Sean Mnangagwa was among nine Zimbabwe National Army officers elevated from Major to Lieutenant Colonel - the sixth-highest rank in the army - during an investiture ceremony presided over by the President on Wednesday.
However, prominent constitutional lawyer Lovemore Madhuku argued that the move violated principles of constitutional governance due to a clear conflict of interest.
In an interview with NewZimbabwe.com, Madhuku said the President should have recused himself from the decision-making process.
"President Mnangagwa is not legally empowered to do what he has done. The promotion is null and void. He must leave that to his Vice Presidents," he said.
Madhuku stressed that where a conflict of interest exists, the law requires that authority be delegated to another office bearer who can act independently.
"You're conflicted, so you would have to leave that sort of decision to a Vice President. That is why a Vice President exists," he explained. "If there is a conflict of interest, the law requires that decision be taken by someone else who would ordinarily perform the functions of that office in the absence of the President."
He further argued that a president in such a position is effectively akin to one who is absent or incapacitated.
"You cannot hide behind the public office to say, ‘Well, I am the President, so I have to decide this matter.' That is not how it operates," Madhuku said.
Drawing comparisons with judicial standards, he added that decision-making authority should be transferred in cases involving close family members.
"When a biological child or spouse is involved, the office holder cannot make decisions of that nature. That responsibility must be handled by a Vice President or another designated authority," he said.
Sean Mnangagwa, one of the President's twin sons, currently serves in the Presidential Guard and is part of his father's close security detail.
The promotion has also intensified speculation that Mnangagwa may be consolidating his security apparatus amid growing political tensions over a proposed constitutional amendment bill. The bill seeks to extend his rule beyond the constitutionally prescribed two five-year terms, a move that has sparked debate within political and civic circles.
Sean Mnangagwa was among nine Zimbabwe National Army officers elevated from Major to Lieutenant Colonel - the sixth-highest rank in the army - during an investiture ceremony presided over by the President on Wednesday.
However, prominent constitutional lawyer Lovemore Madhuku argued that the move violated principles of constitutional governance due to a clear conflict of interest.
In an interview with NewZimbabwe.com, Madhuku said the President should have recused himself from the decision-making process.
"President Mnangagwa is not legally empowered to do what he has done. The promotion is null and void. He must leave that to his Vice Presidents," he said.
Madhuku stressed that where a conflict of interest exists, the law requires that authority be delegated to another office bearer who can act independently.
He further argued that a president in such a position is effectively akin to one who is absent or incapacitated.
"You cannot hide behind the public office to say, ‘Well, I am the President, so I have to decide this matter.' That is not how it operates," Madhuku said.
Drawing comparisons with judicial standards, he added that decision-making authority should be transferred in cases involving close family members.
"When a biological child or spouse is involved, the office holder cannot make decisions of that nature. That responsibility must be handled by a Vice President or another designated authority," he said.
Sean Mnangagwa, one of the President's twin sons, currently serves in the Presidential Guard and is part of his father's close security detail.
The promotion has also intensified speculation that Mnangagwa may be consolidating his security apparatus amid growing political tensions over a proposed constitutional amendment bill. The bill seeks to extend his rule beyond the constitutionally prescribed two five-year terms, a move that has sparked debate within political and civic circles.
Source - newzimbabwe
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