Zimbabwe Prime Minister Morgan Tsvangirai miffed by purported unconstitutional appointments of Permanent Secretaries in the blotted Coalition Government
A storm is brewing in the Coalition Government with potential to implode and scuttle the promising start of the recently constituted administration of the country.
Prime Minister Tsvangirai has been forced to fire broadsides at elements in the Civil Service bent on scuttling the Coalition Government initiative.
In a statement released by the Prime Minister at his Munhumutapa offices this morning, the Premier...
commended the efforts of the newly appointed Cabinet in driving government effort to address the multifaceted challenges it faces.
“Firstly, I would like to commend the Ministers for the work they have been doing in the very short time that they have been in office,” he stated and added
“They have managed to begin to address some of the many issues facing the country and I am encouraged by the open and constructive debates within Cabinet and the Council of Ministers.
In particular, I would like to recognise the efforts of the Ministries of Health, Education and Finance. The latter has mobilised funds that have enabled this government to pay the first round of allowances to the civil service, particularly the army, police and teachers.”
On his part he disclosed that he has kept the initiative guarantors in SADC of the progress taking place and that our Ministers are today meeting with regional SADC Finance Ministers concerning the Zimbabwe recovery programme.
He then took the opportunity to highlight the immediate threats to the Coalition Government which he identified as;
The outstanding appointment of Senior Government Officials, such as Permanent Secretariesand Ambassadors
The disputed appointment of the Governor of the Reserve Bank and the Attorney General
The outstanding appointment of Provincial Governors.
He further highlighted that in addition to these outstanding issues the government faces serious challenges from pockets of resistance to upholding the rule of law.
“Most significantly, the rule of law continues to be flouted by some sectors of the community and this must stop immediately,” the Prime Minister disclosed adding;
“In particular, a new wave of disruptions of farming operations, in contravention of the Memorandum of Understanding, is undermining our ability to revive our agricultural sector and restore investor confidence. “
He warned the deviants that he had ordered that the full force of the law will soon descend on them.
“I have tasked the Ministers of Home Affairs, Giles Mutsekwa and Kembo Mohadi, to bring the full weight of the law down on the perpetrators who continue to act within a culture of impunity and entitlement. No person in Zimbabwe is above the law."
On the burning issue of the despicable continued detention of Political and Civic Society activists the Premier rather startlingly disclosed that subscriber principals to the Global Political Agreement (GPA) upon which the current government was contrived had agreed that all detainees in that category must be released on bail.
“With respect to detainees, the Principals to the Global Political Agreement, namely myself, President Mugabe and Deputy Prime Minister Mutambara, last week agreed that all political detainees who have been formally charged with a crime should be released on bail and those that have not been charged should be released unconditionally.
This has not yet happened,” he said rather ominously
“Indeed, rather than allowing the judicial process to take its course with regard to the granting of bail, the Attorney General’s office is wilfully obstructing the release of all detainees by abusing the appeal process and this must stop forthwith.”
It remains to be seen if the Attorney General will oblige with the order given the President Mugabe, while intimating that he will extent clemency to the detainees if they are convicted, appears to favour the detentions subsisting until Court judgement day whereupon he will set aside convictions and extent his prerogative of mercy so that the detainees will forever remain indebted to him for their freedom.
The rationality of the President may seem misplaced to most of his opponents but to him and his adherents it serves as an opportunity for the President to not only drive home that he remains the most powerful politician in the country but also to portray him as a caring leader who pardons not just his supporters but also opponents alike.
The attendant avoidable costs in the process preferred by the President and the reality that his Pardon will be of no consequent value to the detainees who will have languished in detention for periods equivalent to prison terms for the allegations they face is to him neither here nor there.
It is not unreasonable to predict that the Attorney General who recently disclosed his pride in being a member of the Zanu PF supporters of the President will take a cue from the president’s attitude towards the case and proceed with the unwarranted prosecutions and aim to achieve convictions to gratify the President with the opportunity to exercise clemency.
The Prime minister appears determined not to allow that sort of cynical interference with the rule of law to perpetuate and that sets the stage for a dogfight between the Premier and the Premier where the President will be a front row spectator.
If the Attorney general wins he will keep his job and the premier’s authority in government will be severely undermined. Conversely if the he fails to gain the convictions that will give the president the opportunity to exercise clemency the Attorney General will most likely loose his esteemed position in government and President Mugabe will not shed a single tear over his unceremonious departure.
The Attorney General’s departure may even come sooner than the final prosecutions of the detainees are done.
The ominous warning from the Premier that;
“This government will not allow a parallel force within its structures or any unconstitutional or unilateral actions which serve to impede progress,” must be taken seriously by the Attorney General.
Unlike most of us the premier appears unperturbed by those resisting his ascendancy to power and their sources of power.
He has swiftly moved to reverse the Dr Misheck Sibanda announced purported unilateral reassignments and appointments of Permanent Secretaries by President Mugabe it terms of article 20.1.7 of the Eighth Schedule of the Constitution of Zimbabwe by declaring;
“Yesterday’s announcement of the appointment of Permanent Secretaries is in contravention of both the Global Political Agreement and the Constitution of Zimbabwe which is very clear with regard to Senior Government Appointments.
No civil servant has the authority to make such appointments or announcements; therefore the announcement of the Permanent Secretaries has no force of law and is therefore null and void.
The Permanent Secretaries who were in position as of September 15th will remain in post in an acting capacity until the matter is resolved.”
In the GPA which forms the entirety of the Eighth Schedule of the Constitution introduced by the unopposed passage of Constitutional Amendment No 19, the President cannot unilaterally appoint or reshuffle occupants of senior Government Positions and the examples therein are Permanent Secretaries and Ambassadors.
To constitutionally do so the President must abide by the contents of Article 20.1.7 of the Eighth Schedule of the Constitution of Zimbabwe this inter alia states;
“The Parties agree that with respect to occupants of senior Government Positions, such as Permanent Secretaries and Ambassadors, the leadership in Government, comprising the President, the Vice-Presidents, the Prime Minister and Deputy Prime Ministers, will consult and agree on such prior to their appointment.”
President Mugabe has never respected that article of the Constitution and the Premier seems to have gathered enough momentum to confront him over those signalling imminent threats to the continued tenure of office of the Governor of the Reserve Bank, The Attorney General, all Permanent Secretaries and Ambassadors, State Commissioners, Judges, Heads of Parastatals and State owned Companies and Military Chiefs.
It remains to be seen if Dr Sibanda’s announcement of Permanent Secretaries has stirred a hornet’s nest.
