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Peter Matambanadzo Senior Reporter
CABINET ministers can continue in office in their acting capacities to allow continuity in critical ministries until President Mugabe announces a new Cabinet, legal experts have said. There had been speculation in some quarters that ministers drawn from Zanu-PF were masquerading as bonafide Government officials although their terms had ended following the automatic dissolution of Parliament at midnight on June 29 when their counterparts from the MDC formations had since emptied their drawers.
Harare lawyer Mr Chris Mhike said Schedule Six of the new Constitution provided for those in executive offices, including Cabinet ministers, to continue up until the inauguration of the President.
“I should admit that there are certain offices that require some continuity without any break,” Mr Mhike said.
“But post-inauguration, the President is expected to appoint a new Cabinet and I cannot see the legal basis of any other official with executive office continuing.”
Mr Mhike cited the case of Tourism and Hospitality Industry Minister Walter Mzembi whom he said continued in office because there was a need.
“In the context of the on-going United Nations World Tourism General Assembly practically it only makes sense that he runs with that task up until President Mugabe appoints another minister,” he said.
“Technically, his term has expired, but practically there is need for continuity without any break.”
Another legal expert, Advocate Fred Gijima said in terms of the new Constitution, under the transitional provision, Cabinet ceases to be there on the effective date that the President was inaugurated on August 22, but ministers could continue doing their work in an acting capacity.
“Any minister who is continuing in his previous portfolio is only doing so in an outgoing capacity until the President has appointed a new Cabinet,” he said.
Adv Gijima said this allowed continuity.
Another senior lawyer who preferred anonymity said ministers could, with the President’s blessings, continue with their work until a new Cabinet is announced.
“Once the President has announced the new Cabinet, the incumbent ministers should vacate their offices immediately,” he said.
President Mugabe is expected to announce a new Cabinet anytime soon following his inauguration last week.
The Eighth Parliament, from which he picks most of his ministers, is set to be sworn-in on September 3.
Online Reporter