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A Constitutional provision that legislators who still hold posts in Government controlled firms lose their seats if they do not resign within 30 days after being declared winners in polls does not affect anyone as it emerged yesterday that all of them resigned on time from entities they were leading.
The new Constitution stipulates that failure to resign from the post within 30 days automatically means that the seat becomes vacant, a situation that would lead to the holding of by-elections.
The Zimbabwe Electoral Commission declared winners in the National Assembly elections between 1-3 August and Members of Parliament elected were expected to resign from the institutions within 30 days.
It emerged yesterday that MPs who held positions in Government controlled firms, including Zimpapers where Government has some shares, had tendered their resignations.
Health and Child Care Deputy Minister Dr Paul Chimedza, who is the outgoing Zimpapers board chairman, yesterday confirmed he had relinquished his post.
Dr Chimedza, who was also Transmedia board chairman, contested the Gutu South national assembly seat and won during the 31 July harmonised elections.
“We were aware of that provision and I resigned from both entities. I resigned from Zimpapers with effect from August 30 and you can check with your company secretary for the records,” he said.
“Other board members who fall in the same category with me, that is Dr Munyaradzi Kereke and Retired Brigadier Walter Kanhanga, have also resigned and on the actual dates they resigned you can check with your company but they did it within the stipulated timelines.”
Cde Kanhanga, who stood in Guruve North National Assembly elections on a Zanu-PF ticket and won said he was no longer part of the Zimpapers board.
“I have resigned as a board member and I tendered my resignation through the then board chairman Dr Paul Chimedza. Records are there for everyone to see,” he said.
Dr Kereke could not be reached for comment yesterday. Zimpapers chief executive, Mr Justin Mutasa, also confirmed the development yesterday.
“I can confirm that the three of them tendered their resignations within the stipulated timeframe and I saw the letters,” he said.
Other legislators resigned from the Government controlled entities way before the harmonised elections were held.
These include Ambassador Christopher Mutsvangwa, who was Minerals Marketing Corporation of Zimbabwe board chairman, Cde Supa Mandiwanzira (Zimbabwe Mining Development Corporation board member) and Cde Tongai Muzenda, also an MMCZ board member.
Colonel Tshinga Dube, who was the chairman of Marange Resources, which is wholly owned by ZMDC, and Cde Godwills Masimirembwa the then ZMDC board chairman also resigned before the polls although they lost the elections.
Section 129 Subsection (1) of the new Constitution which looks at the tenure of seat of Member of Parliament states that the seat of a Member of Parliament becomes vacant:
(g) if the Member accepts public office or office as a member of a statutory body, government-controlled entity, provincial or metropolitan council or local authority or employment as an employee of a statutory body, provincial or metropolitan council or local authority;
(h) if the Member was a public officer or a member or employee of a statutory body, a government-controlled entity, a provincial or metropolitan council or a local authority on the date he or she was declared as a Member of Parliament, and he or she fails to relinquish that office, membership or employment within thirty days after that date.”
The Sixth Schedule Part 2 on the Commencement of the Constitution and Repeal of Former Constitution further affected these MPs.
Part 2 of the Sixth Schedule on Commencement of this Constitution, subsection 3 (1) states that; “This Schedule, together with –
(d) Chapter 6, relating to the election of Members of Parliament and the summoning of Parliament after a general election; . . . come into operation on the publication day.”
Harare lawyer Mr Terrance Hussein said just Section 129 subsection (1) (g) and (h) were very clear that the MPs who have not yet resigned from any Government -controlled entity had lost their seats.
“The provisions above are very clear and if there are any MPs who have not resigned from such bodies, then their seats are already vacant.
“This applies to MPs who still hold positions on parastatals like Zinara, Zimra, ZBC, Nssa, Air Zimbabwe and even institutions like Zimpapers because Government has some control.
“The provision is that if one doesn’t resign within 30 days after he or she is declared the winner, the seat becomes vacant. It’s as simple as that,” said Mr Hussein.
Online Reporter