News / National
Mugabe's Cabinet tribal, critics say
19 Jul 2015 at 11:45hrs | Views
Already under immense pressure from his ruling Zanu-PF's deadly factional and succession wars, President Robert Mugabe now stands accused of violating the country's Constitution by appointing a gender and regionally "unrepresentative" Cabinet team.
Constitutional law expert Lovemore Madhuku told the Daily News yesterday that there was no doubt that the nonagenarian was in the bad habit of violating the law regarding his Cabinet appointments.
"The Constitution has always been clear, and it has also been clear that Mugabe is always violating the Constitution from time to time.
"However, the gist of the matter is what remedies Zimbabweans have in such a scenario.
"The only remedy available to Zimbabweans is impeachment, but that is almost impossible to achieve as this is left in the hands of legislators, and with the majority that Zanu-PF has, that is unlikely to happen," Madhuku said.
The leader of the opposition National Constitutional Assembly (NCA) also went on to say that although the wording of the Constitution could be said to be vague regarding such appointments, Mugabe should still appoint his Cabinet teams "in the spirit of the supreme law of the land".
"The drafters of the Constitution could have done much better like with the commissions where there is a stipulation in terms of gender. But let me say the president should appoint his cabinet in the spirit of the Constitution and carry out his appointments within that frame work.
"All the same, the Constitution could have said half of the Cabinet should consist of women and that would have been clearer. Even though it's like that, we expect at least 40 percent of the Cabinet to be women. The only problem is with regional representation. It is next to impossible to get that but on gender it is very much feasible," Madhuku added.
MDC spokesperson, Obert Gutu — who is also a lawyer — said Mugabe was definitely pushing a tribal agenda.
"In contravention of Section 104 of the Constitution, there is no gender balance in Mugabe's Cabinet.
"There are less than five women who are full Cabinet ministers in spite of the fact that women constitute at least 52 percent of the country's population.
"There are also very few Cabinet ministers from Matabeleland and Masvingo. This state of affairs fits in snugly with Robert Mugabe's Zezuru hegemony agenda. All the key ministries such as Local Government, Home Affairs and Defence are occupied by Zezurus or at the very least by people who hail from the Mashonaland provinces," Gutu said.
However, MDC leader and constitutional law expert Welshman Ncube said Mugabe's appointments should be analysed in the context of the 2013 national elections.
"I haven't studied this carefully, but one should be guided by the election results of 2013. Although we can take note of section 18 of the Constitution, it is also important to appreciate the electoral outcome because ministers should be MPs.
"Take for example in 2013, Zanu-PF did not win any parliamentary seat in Bulawayo and a president generally chooses ministers from his party.
"So, if Bulawayo had no Zanu-PF MP, what did you expect him to do? The same goes for gender. How many women were elected MPs in 2013?
"If for example in Manicaland Zanu-PF had 23 female MPs and only two of them were appointed ministers and six men were appointed ministers, then you can say the president violated the Constitution. So, all I am saying is Cabinet appointments should be analysed against the 2013 elections," Ncube said.
Section 104 (4) of the new Constitution states that Mugabe should be guided by gender and regional representation when appointing ministers.
"In appointing ministers and deputy ministers, the President must be guided by considerations of regional and gender balance," the Constitution reads.
Section 18 of the Constitution further states that the government should promote fair regional representation in all its institutions.
"The State must promote the fair representation of all Zimbabwe's regions in all institutions and agencies of government at every level.
"The State and all institutions and agencies of the State and government at every level must take practical measures to ensure that all local communities have equitable access to resources to promote their development," the Constitution reads.
However, an analysis of Mugabe's Cabinet reflects anomalies, with some provinces having more representation than others. And in terms of gender, there are only three women in the Cabinet.
Manicaland comes first with Finance minister Patrick Chinamasa; Women Affairs boss Nyasha Chikwinya; Environment, Water and Climate minister Oppah Muchinguri; Information Communication Technology minister Supa Mandiwanzira; Energy and Power Development minister Samuel Undenge; Agriculture, Mechanisation and Irrigation Development minister Joseph Made; and Youth, Indigenisation and Economic Empowerment boss Christopher Mushohwe.
Mashonaland West is second and has Lands and Rural Resettlement minister Douglas Mombeshora; War veterans minister, Chris Mutsvangwa; Mines and Mining Development minister Walter Chidhakwa; Home Affairs minister Ignatius Chombo; and Public Service, Labour and Social Welfare, Prisca Mupfumira.
Mashonaland Central has the ministerial portfolios of Local Government; Public Works and National Housing; and Primary and Secondary Education.
Tourism and Hospitality Industry minister Walter Mzembi, and Psychomotor minister Josiah Hungwe are the only current representatives from Masvingo.
Midlands also has two representatives in Foreign Affairs minister Simbarashe Mumbengegwi, and Vice President Emmerson Mnangagwa.
Mashonaland East has Health and Child Care minister David Parirenyatwa; Defence Minister Sydney Sekeramayi; and Industry minister Mike Bimha.
Transport and Infrastructural Development minister Obert Mpofu; Higher and Tertiary Education, Science and Technology Development minister Jonathan Moyo; and Medium Enterprises and Cooperative Development minister Sithembiso Nyoni represent Matabeleland North.
Matabeleland South is represented by Sport, Arts and Culture minister Andrew Langa; Economic Planning and Investment Promotion minister Simon Khaya Moyo; and State Security minister Kembo Mohadi.
Vice President Phelekezela Mphoko represents Bulawayo.
In 2013, Mugabe defended his decision to appoint few women to his Cabinet saying, "Education is for all now. It is mixed.
"The yield is the same. It is no longer necessary for us to have affirmative action. It is now free for all. Let women contest alongside men without any preferential treatment".
Constitutional law expert Lovemore Madhuku told the Daily News yesterday that there was no doubt that the nonagenarian was in the bad habit of violating the law regarding his Cabinet appointments.
"The Constitution has always been clear, and it has also been clear that Mugabe is always violating the Constitution from time to time.
"However, the gist of the matter is what remedies Zimbabweans have in such a scenario.
"The only remedy available to Zimbabweans is impeachment, but that is almost impossible to achieve as this is left in the hands of legislators, and with the majority that Zanu-PF has, that is unlikely to happen," Madhuku said.
The leader of the opposition National Constitutional Assembly (NCA) also went on to say that although the wording of the Constitution could be said to be vague regarding such appointments, Mugabe should still appoint his Cabinet teams "in the spirit of the supreme law of the land".
"The drafters of the Constitution could have done much better like with the commissions where there is a stipulation in terms of gender. But let me say the president should appoint his cabinet in the spirit of the Constitution and carry out his appointments within that frame work.
"All the same, the Constitution could have said half of the Cabinet should consist of women and that would have been clearer. Even though it's like that, we expect at least 40 percent of the Cabinet to be women. The only problem is with regional representation. It is next to impossible to get that but on gender it is very much feasible," Madhuku added.
MDC spokesperson, Obert Gutu — who is also a lawyer — said Mugabe was definitely pushing a tribal agenda.
"In contravention of Section 104 of the Constitution, there is no gender balance in Mugabe's Cabinet.
"There are less than five women who are full Cabinet ministers in spite of the fact that women constitute at least 52 percent of the country's population.
"There are also very few Cabinet ministers from Matabeleland and Masvingo. This state of affairs fits in snugly with Robert Mugabe's Zezuru hegemony agenda. All the key ministries such as Local Government, Home Affairs and Defence are occupied by Zezurus or at the very least by people who hail from the Mashonaland provinces," Gutu said.
However, MDC leader and constitutional law expert Welshman Ncube said Mugabe's appointments should be analysed in the context of the 2013 national elections.
"I haven't studied this carefully, but one should be guided by the election results of 2013. Although we can take note of section 18 of the Constitution, it is also important to appreciate the electoral outcome because ministers should be MPs.
"Take for example in 2013, Zanu-PF did not win any parliamentary seat in Bulawayo and a president generally chooses ministers from his party.
"So, if Bulawayo had no Zanu-PF MP, what did you expect him to do? The same goes for gender. How many women were elected MPs in 2013?
"If for example in Manicaland Zanu-PF had 23 female MPs and only two of them were appointed ministers and six men were appointed ministers, then you can say the president violated the Constitution. So, all I am saying is Cabinet appointments should be analysed against the 2013 elections," Ncube said.
"In appointing ministers and deputy ministers, the President must be guided by considerations of regional and gender balance," the Constitution reads.
Section 18 of the Constitution further states that the government should promote fair regional representation in all its institutions.
"The State must promote the fair representation of all Zimbabwe's regions in all institutions and agencies of government at every level.
"The State and all institutions and agencies of the State and government at every level must take practical measures to ensure that all local communities have equitable access to resources to promote their development," the Constitution reads.
However, an analysis of Mugabe's Cabinet reflects anomalies, with some provinces having more representation than others. And in terms of gender, there are only three women in the Cabinet.
Manicaland comes first with Finance minister Patrick Chinamasa; Women Affairs boss Nyasha Chikwinya; Environment, Water and Climate minister Oppah Muchinguri; Information Communication Technology minister Supa Mandiwanzira; Energy and Power Development minister Samuel Undenge; Agriculture, Mechanisation and Irrigation Development minister Joseph Made; and Youth, Indigenisation and Economic Empowerment boss Christopher Mushohwe.
Mashonaland West is second and has Lands and Rural Resettlement minister Douglas Mombeshora; War veterans minister, Chris Mutsvangwa; Mines and Mining Development minister Walter Chidhakwa; Home Affairs minister Ignatius Chombo; and Public Service, Labour and Social Welfare, Prisca Mupfumira.
Mashonaland Central has the ministerial portfolios of Local Government; Public Works and National Housing; and Primary and Secondary Education.
Tourism and Hospitality Industry minister Walter Mzembi, and Psychomotor minister Josiah Hungwe are the only current representatives from Masvingo.
Midlands also has two representatives in Foreign Affairs minister Simbarashe Mumbengegwi, and Vice President Emmerson Mnangagwa.
Mashonaland East has Health and Child Care minister David Parirenyatwa; Defence Minister Sydney Sekeramayi; and Industry minister Mike Bimha.
Transport and Infrastructural Development minister Obert Mpofu; Higher and Tertiary Education, Science and Technology Development minister Jonathan Moyo; and Medium Enterprises and Cooperative Development minister Sithembiso Nyoni represent Matabeleland North.
Matabeleland South is represented by Sport, Arts and Culture minister Andrew Langa; Economic Planning and Investment Promotion minister Simon Khaya Moyo; and State Security minister Kembo Mohadi.
Vice President Phelekezela Mphoko represents Bulawayo.
In 2013, Mugabe defended his decision to appoint few women to his Cabinet saying, "Education is for all now. It is mixed.
"The yield is the same. It is no longer necessary for us to have affirmative action. It is now free for all. Let women contest alongside men without any preferential treatment".
Source - Daily News
