President’s mythical powers to decline senior government workers’ resignations.

President Mugabe has absolutely no legal means with which to stop anyone resigning from the Public Service

For many long suffering Zimbabweans, any misfortune that visits hard-line Zanu PF supporters and or leaders is an occasion that calls for spontaneous celebrations notwithstanding that they will not directly realise any marginal reprieve from their suffering as a consequence of the unfortunate event.

It all started when maverick Zanu PF political commissar Border Gezi died in a road traffic accident in April 2001 having mesmerised the populace with his dance routine at Zanu PF gatherings in support of the land invasions.


The news of his death sparked spontaneous private binge drinking parties within opposition MDC supporters who had been targets of the notorious National Youth Service trainees under the late commissar’s Ministry who had caused untold suffering through torture, rape, assaults and general impunity against perceived or real opponents of the Zanu PF regime.

When the late Harare Provincial Zanu PF spokesperson William Nhara died following his brief arrest and incarceration over allegations of illegal diamond dealings and externalisation of forex charges, the private partying celebrating his death were barely disguised throughout the country.

But it was the death of Border Gezi’s successor as Zanu PF National Commissar Elliot Manyika that really sparked open and unrestrained celebrations throughout the country whose cultural norms are starkly against such behaviour during bereavement to a neighbour let alone a national leader conferred Hero status.

The nation had barely gone through the private giggling about the deportation of Zanu PF children who were studying in Australia notable among them Police Commissioner General Augustine Chihuri’s son Reserve Bank Governor Gideon Gono’s children.

The deportations were so painful for Chihuri and Gono they have never really forgiven Premier Morgan Tsvangirai for them as they strongly believe he had a hand in motivating the premature termination of the luxurious and reputable courses their siblings were pursuing.

Tsvangirai denies any part in motivating the deportations and claims it was by mere coincidence that he was on the same plane in which the deported children were bundled as he was returning home from an official visit to the country on behalf of his MDC party business which had nothing to do with the deported children.

It is doubtful that Chihuri and Gono will ever buy into that explanation and find it in their vindictive minds to forgive the Premier for a crime he genuinely did not have a part to play as the deportations were a Civic Society campaign launched and coordinated by Zimdaily.

I sometimes wonder what would happen if one day the nation would wake up to the news of the resignation/retirement let alone death of President Robert Mugabe.

President Mugabe being an elderly grandpa does not take kindly to anyone who talks about his departure from political leadership let alone death.

He tapped vocal cleric Archbishop Pius Ncube and exposed him badly in a choreographed set up sexual romp with a CIO operative’s divorcee after the cleric had disclosed he was praying for the President’s death.

Pius Ncube has not uttered a single word against the President ever since he went through the nasty experience.

All the same I think if Mugabe was to announce his retirement and or resignation, Zanu PF would most obviously decline the dear leader permission to resign and or retire let alone die at this time when the party and nation are in turmoil.

Whichever route he leaves political leadership of the country President Mugabe’s demise will trigger month-long celebrations throughout the country and the entire world.

President Mugabe has created more enemies than friends during his hegemony on Zimbabwe politics and his departure will torch celebrations across the political divide in the country.

It will be a day many Zimbabweans have yearned for decades but that never seems to materialise even when all pointers were to its imminence.

Other than the departure of President Mugabe, the other departures likely to torch wild celebrations are those of Reserve Bank Governor Gideon Gono, Attorney General Johannes Tomana, Justice Minister Patrick Chinamasa, Defence Minister Emmerson Mnangagwa, Military Commanders Augustine Chihuri, Paradzai Zimondi, Constantine Chiwenga, Perence Shiri and Happyton Bonyongwe.

If anyone of these ruthless Zanu PF Zealots should tender his resignation, it is likely we will hear that President Mugabe has refused to accept the resignation.

Most of these are way past prescribed retirement ages in their occupations therefore retirement is not an available option for them to leave office at least as of now.
That leaves death as the only option that could rid us of these menacing despots.

Sadly most of them look to be in such good health sudden death other than accidental or assassination is unlikely to intervene in favour of the many who wish them away by whatever means but like me do not have the courage to take responsibility for eliminating them through death.

But it is on the subject of the resignation and or retirement that I fail to understand why whoever is keeping them in service should not act to force them out unless he is deriving benefits from associating with these hard hearted people.

So often we hear rumours that so and so have personally tendered his resignation but the President has declined it.

Is there any legitimate ground upon which the President can decline anyone from resigning from the government or is it just a myth most of us have bought into without giving it serious thought.

Former Industry and Commerce Minister Nkosana Moyo left the country before faxing through his resignation notice to the president and in so doing gave credence to the myth that once appointed a Minister or to any other position of national importance by the president resignation is impossible unless the president accepts it or decrees it.

But that is all crass.

Every appointment in government is a contractual appointment that is done after agreement is reached between the job incumbent and the State and in all instances the contract stipulates the terms governing termination of the contract by either party.

Unless Zimbabwe government appointments are contracts for slavery it is hard to fathom how it then becomes impossible for the employee to invoke the separation clause of his /her employment contract.

For the record president Mugabe or any other employer’s representative for that matter does not have legal power to decline any notice of resignation and or withdrawal from state service duly served upon him by any member of his political party and or any employee serving in the Zimbabwe government at his pleasure.

At the best the president’s power is limited to persuading whoever notifies him of the intention to resign at a time he feels inconvenient for the smooth operation of state business or for political expediency to reconsider the tendered notice and withdraw it.

If the employee is adamant there is absolutely no power to compel the employee to continue serving the State against his/her wish.

If however the employee wishes to resign without serving the prescribed period of notice the principal has the right to decline such a request as he deems fit but even then he cannot compel the employee to report for duty.

At the very best the president can only take legal action to force the employee to pay the state the equivalent of what he /she would benefit from the state during the prescribed period which he would otherwise be required to serve notice but even then most rational employers will not enforce that as it will be too costly and in any event most employees would simply fail to purchase the notice period at the same time they will not be in possession of assets which if attached will offset the indebtedness.

In Zimbabwe the minimum notice period to be served by any employee is three calendar months.

The period of notice varies from contract to contract depending on the terms agreed on appointment but nothing can preclude the state demanding the prescribed three months notice be served to avoid a claw-back suit.

So for any of the detested incumbents in influential positions to flog that they are being compelled to work for the state against their wish is totally dishonest mischief of the worst order.