BULAWAYO – President Emmerson Mnangagwa broke the law when he appointed six instead of five ministers from outside Parliament in his Cabinet, ZimLive can reveal.
Mnangagwa named Kirsty Coventry (Youth, Sports and Arts), Mthuli Ncube (Finance), Obadiah Moyo (Health), Amon Murwira (Higher Education), July Moyo (Local Government) and Cain Mathema (Home Affairs) as ministers in his Cabinet appointed on September 7.
The President, in appointing his Cabinet, is limited to choosing between Members of Parliament and Senators. But under Section 104(3) of the constitution, he is allowed to appoint an additional five ministers from outside Parliament “for their professional skills and competence.”
Constitutional lawyer and MDC vice president Professor Welshman Ncube told ZimLive on Thursday that Mnangagwa had to move quickly to correct the breach, “if he cares about the constitution he swore to uphold.”
This is not the first time Mnangagwa has breached that particular constitutional limit. In November, when he came into power following a military coup, he was forced to unappoint Chris Mutsvangwa as Information Minister after realising he had appointed more than the allotted five.
A senior government source said Mnangagwa had proceeded on the misconception that Cain Mathema was a Senator for Matabeleland North. Mathema was fourth on the Zanu PF party list, but Zanu PF only managed three Senators – Sithokozile Mathuthu, Obert Mpofu and Alice Dube – in the July 30 elections.
Each of the country’s 10 provinces has an allocation of six Senators. Before an election, each party submits a list of six candidates in order of priority. By way of example, if party A wins all votes, all six Senators will come from party A.
But in a closely-run election, Zanu PF and the MDC Alliance had three Senators each after each party’s votes were weighed. Rosemary Nyathi, Herbert Sinampande and Phyllis Ndlovu went through as MDC Alliance Senators.
Mathema was fourth on the party list and missed out. Prof Ncube said Mathuthu’s death on August 13 did not automatically elevate Mathema.
“It’s not automatic and Mathema cannot replace a woman because the Senate party list follows a zebra system. Mathuthu can only be replaced by another woman,” he told ZimLive.
Mnangagwa must disappoint one of the six non-constituency ministers to correct the illegality – or in the event he wants Mathema to be a Senator he could ask Obert Mpofu, who missed out on a Cabinet appointment, to stand down as Senator for Matabeleland North.
