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despite the lapse of the life of the Seventh Parliament on Saturday, Presidential spokesperson Mr George Charamba has said.
“Cabinet is continuing. They are proceeding. Cabinet is actually meeting tomorrow (today), but obviously when the campaign starts there won’t be anyone,” he said.
Legal experts said the executive will remain in place without Parliament as part of transitional mechanisms provided for in the new Constitution.
The tenure of Parliament, one of the three arms of the state along with the Executive and the Judiciary, lapsed on Saturday.
University of Zimbabwe constitutional law expert, Professor Lovemore Madhuku, said the new Constitution provided for transitional mechanisms to avoid a governance vacuum.
“Executive will remain in place until the elections. It is clear in terms of the Constitution. In the new Constitution they provided for transitional mechanisms. It specifically says all the offices will remain in place until the elections,” Prof Madhuku said.
He said all institutions that were created by the Global Political Agreement would also remain operational until a new Government is in place.
The institutions, among them Jomic, Prof Madhuku said, were not created by the law so they would remain operational until after the elections.
He said the swearing in of a new Government would terminate most institutions created by the GPA.
Mr Terrence Hussein of Hussein and Ranchod echoed similar sentiments.
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“My understanding is that the Government is still in place until there is election of a new President. We have the executive in place but no Parliament.
“Jomic was not part of Government. It was just some sort of collaborative body to iron out problems that may arise between the parties to the Inclusive Government. There is no legal standing in our constitutional scheme of things. Jomic will come to an end as soon as we have a new Government,” he said
They said the tenure of Cabinet would be automatically terminated with the swearing in of a new President.
Online Reporter