Alex Magaisa: A stranger in Government corridors

 

Political observers and legal experts yesterday said although politicians at times did not draw lines between their political and Government offices, it was imperative that separation becomes distinctive to avoid compromising state secrets.

They argued that a person not sworn to the Official Secrets Act was not supposed to be privy to official State documents.
Dr Magaisa who was based in the UK, joined PM Tsvangirai’s office in November last year at the height of his marital woes and some MDC-T officials were livid over the move claiming they had enough lawyers in their ranks.

Sources in the PM’s office say since his coming in, Dr Magaisa had virtually taken over the day-to-day running of the affairs of the premier’s office but without doing much in the way of offering legal guidance.

“The secretary who used to be in control of most aspects of the office has been reduced to a by-stander just focusing on government business.
“In the past everything was done through the secretary but at the moment his wings have been clipped,” the source said.

However, Dr Magaisa yesterday said he did not have any authority in the PM’s office.
“I am not sure where that perception is coming from because I don’t manage anyone in the prime minister’s office. My relationship is with the principal (Morgan Tsvangirai) whom I advise on various issues,” he said.

When asked whether he was employed by the PSC, Dr Magaisa said: “I work for the prime minister as an advisor.”
He then referred further questions to Minister of State in the Prime Minister’s Office Mr Jameson Timba, who was locked up in meetings.

Efforts to get a comment from the PSC on Dr Magaisa’s status were also fruitless over the past week though an official who spoke on condition of anonymity for fear of breaching protocol equated Dr Magaisa to “a stranger in Government corridors.’’

“He (Dr Magaisa) should not be privy to state (official) secrets and should not be responding to state related questions or giving political advice to an elected official. His response to your story was published on the PM’s website, not the party website.

“The goings on in the PM’s office are scandalous,’’ the official said.
The coming in of Dr Magaisa was meant to steady the PM’s ship following revelations of his numerous sexual liaisons that led to the cancellation of his wedding to Ms Elizabeth Macheka by the magistrates’ court.

The wedding was cancelled after Ms Lorcadia Karimetsenga Tembo successfully challenged the holding of the proceedings saying she was traditionally married to the PM after he paid lobola to her parents and would be prejudiced if the event were to go ahead.

Video footage of the events produced during the court proceedings proved that Mr Tsvangirai had indeed paid lobola despite his denials resulting in the cancellation of the marriage licence.

The coming in of Dr Magaisa resulted in the dilution of Secretary in the PM’s office, Mr Ian Makone’s powers after he was accused of exerting too much influence on Mr Tsvangirai and playing a central role in the ill-fated marriage to Ms Locadia Karimatsenga.

Political analyst and Zanu-PF politburo member Professor Jonathan Moyo yesterday said it would be unlawful for Dr Magaisa to work in the prime minister’s office when he was not employed by the PSC.

“Some of us don’t know whether he is employed by the prime minister’s office or not but if what we read in the press is true then we expect the prime minister as a law abiding senior official of Government to follow legal procedures of recruitment and hiring of government personnel.

“We would prefer that those that are hired be hired not by him but by the PSC. All persons whether in the President’s office or the PM’s office must be civil servants and be employed by the PSC,” he said.

Prof Moyo said Dr Magaisa could be violating the Official Secrets Act.
“If he is not employed by the PSC and he is in the PM’s office discharging duties then he is a stranger in that office.

He cannot be there. It raises questions on what government document he has received including classified documents of all kinds like Cabinet minutes.
“All officials employed by the PSC are governed by many laws including the Official Secrets Act so if Magaisa is in the PM’s office unlawfully he must be prosecuted together with those that brought him there,” Prof Moyo said.

Following the publication last Friday of a story that daggers were drawn against Mr  Magaisa after the PM’s attempt to be included in the by-election case pitting President Mugabe and three former MDC legislators  was thrown away by Judge President George Chiweshe, the PM office was livid, arguing the story was incorrect.

Speaking to the Herald yesterday, a Law Society of Zimbabwe official who  declined to be named said; “For politicians, the line between the party and offices in Government in practice becomes blared.

“Some people at party offices would end up giving them advice.
“As long as he (Dr Magaisa) does not talk about the individual’s business in Government there will be no problem.

“However, that person cannot order principal directors or permanent secretaries in that office to do certain things. His advice has nothing to do with the way these people (civil servants) execute their duties,” he said.

The lawyer who has been a senior civil servant, said Dr Magaisa under normal circumstances was not supposed to have access to Government documents.
“For example if Government documents were classified, it means they should be restricted to people who are supposed  to  have access to them only.

“In this case Dr Magaisa is not a civil servant and there is no way he should have access to these classified or top secret document,” said the source.
However, Mr Tsvangirai’s spokesperson Mr Luke Tamborenyoka recently, insisted there were some people in the premier’s office who were not attested in the PSC.

“That is madness of the highest order. I am the Prime Minister’s spokesperson yet I am not paid by the PSC.
“The PSC refused to attest us and they have the full list that they were given by the PM.

“After they have refused the PM discussed the matter with President Mugabe and he knows that we are supposed to be employed by the Public Service Commission.
“I work for the PM and I execute my duties as a civil servant. It is the same with Magaisa,” he charged.