ROBERT Mugabe has made sure that the results of the presidential election are not announced while he and his fellow colleagues in the party are to working behind the scenes preparing for a re-run after the release of the presidential election results.
Vice Presidents are a type of ministers, albeit senior ones. Their tenure arising out of general and presidential elections, together with that of ministers and deputy ministers are provided for under section 31E (1) (c) of the Constitution.
Firstly, it was unconstitutional for President Robert Mugabe to have dissolved the Cabinet on 27th March 2008 two days before election day because according to section 31E (1) of the Constitution, the tenure of “the office of a Vice-President, Minister or Deputy Minister shall become vacant
(a) if the President removes him from office; or
(b) if he resigns his office by notice in writing addressed and delivered to the President; or
(c) upon the assumption of office of a new President.”
Neither of these three instances above apply when Mugabe "fired" his vice presidents, ministers and deputy ministers by dissolving the Cabinet.
Secondly, in trying to fill in the ministerial vacuum, the public pronouncements by the former ministers and deputy ministers (like Bright Matonga) are illegal and mischievous.
A former ambassador to China, Chris Mutsvangwa, who lost in the Norton constituency, has been pontificating as the government spokesman.
Thirdly, the country has had no Cabinet since 27th March 2008 until the presidential election results have been announced. If there is to be a re-run, there will not be a Cabinet for the next 21 days (at a minimum) during which the election will be held.
This means the president is currently running the country by himself and together with the Reserve Bank of Zimbabwe (RBZ) Governor, Gideon Gono, the Presidential spokesman, George Charamba (aka Nathaniel Manheru and "Editor-in-Chief" of Zimbabwe Newspapers Ltd and ZTV News), some excitable bureaucrats and senior securocrats, plus some few loud mouthed ZANU PF officials.
In the absence of a parliament to hold him accountable, Mugabe is busy working on his political survival and protection of his legacy. The Executive institutional functions of the State of Zimbabwe as provided for by section 31H (1) of the Constitution have irretrievably been broken down since “the executive authority of Zimbabwe shall vest in the President and, subject to the provisions of this Constitution, may be exercised by him directly or through the Cabinet, a Vice-President, a Minister or a Deputy Minister.”
Related to this section 31 H (5) stipulates that “in the exercise of his functions the President shall act on the advice of the Cabinet, except in cases where he is required by this Constitution or any other law to act on the advice of any other person or authority…”
Levi Mhaka
Harare
