MEDIA reports have recently speculated on the exact powers of the Speaker of Parliament – a position held by the newly appointed MDC legislator, Lovemore Moyo.
Moyo, on assumption of his post immediately ceases to be a representative of his Matobo North constituency and a by-election should be held soon in his constituency to fill that post.
The Speaker is the presiding officer of the House of Assembly.
Some media reports have incorrectly stated that the Speaker assumes Presidential powers temporarily if the incumbent President is absent or unable to perform the duties of office through illness or death.
That is not correct.
Section 31 of the current Zimbabwe Constitution, providing for an Acting President, clearly states that in such circumstances the duties of the President will be performed by a Vice-President or, if no Vice-President is available, a Minister designated for the purpose by the President [or, if the President has not done so, a Minister designated by the Cabinet].
Any existing Minister or Vice President who does not hold a seat in parliament will, as of Tuesday when Parliament met, immediately became ineligible to hold Ministerial office [and therefore Cabinet office] unless they acquire a seat in the Senate through a Presidential appointment.
The President is mandated to make such an appointment.
The President cannot make non-constituency appointments in the House of Assembly after the 18th Amendment to the Zimbabwean Constitution was passed by Parliament last year.
Patrick Chinamasa will still act as Justice Minister as he has been appointed a non-constituency Senator, until a new minister for justice is announced. He carries all the powers and full functions of that ministry up until Cabinet is appointed.
Supertee • n/a Subject: Media Speculation is not the Law Wed, 27 Aug 2008 16:46:48 • People should realise one important fact of life and that is Media speculations are not the laws of the country. If you believe everything the media speculates on then you will be taken for a real 'fantassy ride' that will crash-land when the real truth is revealed.
The media has no monopoly on information. May I remind you that some of the people writing these articles have no legal expertise/ background at all. My advice is read in between the lines especially during this highly polarised phase we are experiencing.
On legal matters peolpe should either refer to the constitution which is very clear on the issue of speaker of parliament's mandate or seek legal clarifications from the relevant experts-the likes of Madhuku on constitutional matters.
Failure to do that will result in peolpe engaging in trivial arguments based on the trivial pursuits of some overzealous media people. Empower yourself legally and you will argue from a vantage point.
From a social point of view there are some people who assume power over others naturally and are perceived as powerful in society. I believe this is the case with peolpe like Mnangagwa whom the media frequently refer to as a Zanu PF heavyweight. But then what does the media mean by heavy weight and who determines it? Your guess is as good as mine. Lets be critical of what the media feeds us on especially on legal matters to avoid embarassing situations.
What the media says should not be taken as the ultimate truth but should be regarded as windows through which we can discover the truth.
Ndatenda / Siyabonga
chiefnegomo • chiefnegomo@yahoo.com Subject: MASHUDU Wed, 27 Aug 2008 15:04:24 • I believe justice should not have eyes but merely ears to hear the facts.I do not condone any form of crime either committed by ZANUPF or MDC.Yes there are a lot cases in zim that have been placed under the carpet or less to say they have been dropped or never pursued.Such acts should not be allowed to go unpunished.When we choose to say a ZANUPF MP committed a crime and was not tried or araigned before courts,so teh same should be applied to the MDC MP,then i think we are offending democracy.We have labelled ZANUPF a none democratic part and equaly MDC should lead by example.Mnangagwa did not send Benett to jail,but house seating as a court did find his behaviour unwelcoming.Whichever way,Benett should have shoved chinamasa or whoever he kicked as that is disrespecting the mandate vested to the legislators by the people
n/a • n/a Subject: n/a Wed, 27 Aug 2008 14:06:52 • I dont think knowledgeable Americans can vote in a Luo warrior from Kenya into the world's most important office. They did that with Dubya and what a mess they find themselves in now! They wont repeat that mistake unless of course if they want to dispense/do away with their National Rifle Association and replace it with Raila ''Odious'' Odinga's National Machete Association whose World HQs are located in the leafy plushy suburbs of Kibera Slums, that millionaires paradiso!
Mashudu • rashaid@webmail.co.za Subject: Shifting goal posts Wed, 27 Aug 2008 14:03:52 • Yes I agree with you guys Does Zimbabwe have average thinking people when they support a DESPORT to open parly even if he was not elected democratically.When they support a JOC to kill,rape and torture innocent civilians because they support a party of their choice.Rape is now a serious offence because it has been allegedly committed by an MDC member.When it was committed by Zanu-PF and the Junta it was not a serious offence.
Now the Speaker's post is no longer of importance in Zim because it is now occupied by an MDC member.Mnangagwa was an important SPEAKER in Zim politics and even send a MP to jail during his tenure.All the speculation about the powers of the speaker we were told by this same Media how Mnangagwa was important and third in command before the goal posts were shifted.
But slowly slowly freedom is coming TOMORROW.
Chiefnegomo • chiefnegomo@yahoo.com Subject: ??? Wed, 27 Aug 2008 12:55:56 • Events leading to all this speculation has kind of made me think twice about zim people.Does Zimbabwe real have average thinking people?Guys i dont think so anymore.The same media is busy spreading rumours that MDC MPs have got no case to answer kumapurisa.Guys rape case is a serious offence and two of the MDC MPs are on allegations of rape.Jembere even raped a wife of his MDC counterpart when he lured the lady that she will help to have his husband released.Well we are aware that the same people will say its the works of the CIO,but then comes my question,do Zim real have average thinking people.
The same point on the issue of majority in parliament.The MDC-T voted against their candidate.Lets not take the allegations of Sithembiso Nyoni's entourage.Can someone tell me if all this denotes that the people who are being fronted to these positions real know what they are doing.These guys are jostling for positions to feed their families and not to represent anyone.The mortal biograph of Mr Moyo as a war veteran is nothing shot of a gymick.The man left school at 12 and zim got its independence when he was 15.Do zim real have average thinking people to believe this.
Turning to the media,whats so perculiar about zimbabwe.A mere speaker of Parliament,most citizens of say Britain,Aus or US do not even know the speaker of their house as none of the media that carried zim stories ever report on such events.An average thinking person should be stimulated to think further than this mhani
N/A • N/A Subject: MR SPEAKER SIR Wed, 27 Aug 2008 12:18:23 • Let people believe what they want. If they think he is the third most powerful person in the country its fine. It will become apparent as we proceed.
What worries me a lot is this obsession about power at the expense of the ordinary citizens of Zimbabwe. The west is not worried about MDC having power for the sake of Zimbabweans-its for their sake.
MDC is a good boy-every African from Cape to Cairo knows the meaning of this term. So the West wants a good boy to have power. Not this skelemu.
A skelemu stands for his rights.Anovengerwa kuti anoratidza kuti Zizi harina nyanga.NGATITONGEI VAONE. TONGA WE SHALL
Tisu Vatongi • tisu@hotmail.com Subject: Not Surprising Wed, 27 Aug 2008 10:21:40 • Of course, it is the same media that continues telling people that 100 is a majority in a parliament of 210, the same media that has been talking about the death of Zanu-PF since 1985, the same media that now thinks a Speaker is a powerful man...the same media that tells us that Tsvangson is a genius and his refusal to sign an agreement he negotiated is an act of sheer genius, the same media that announce that MDC is boycotting parliament when MDC MP's are seated in pariament, the same media that makes Mugabe Hecked World Headline news....the same media that insults Mugabe by comparing him to the next President of The USA, McCaan.
At least they got it right to compare Obama to some dead Musician called John Lennon!
Barak Hussein Obama....aye, Americans cant be so stupid as to vote for Hussein!
Even Bolt was clever enough to change his spelling from Hussein Bolt to Usain Bolt!
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