Non-MPs can be appointed to Cabinet

Temba Dube Senior Reporter
PRESIDENT Mugabe is allowed by the new constitution to appoint five Ministers or Deputy Ministers to Cabinet outside the National Assembly members and Senators that were elected in the just- ended harmonised elections.A total of 210 candidates were elected to the National Assembly while 80 were appointed as Senators.

Chapter 5, Section 104 (3) of the constitution reads; “Ministers and Deputy Ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament.”

Before the signing of the GPA, the President could appoint up to 30 members.
A Bulawayo constitutional lawyer yesterday said the old constitution dictated that anyone appointed to Cabinet should be a Member of Parliament.

“If someone who was not a Member of Parliament was elected, they were required to find a parliamentary seat within 90 days of the appointment, or it would fall away. They could be made a non-constituency MP or a vacancy could be created by appointing a sitting MP to another post, like in the diplomatic service,” said the lawyer.

He said the President was allowed by the new Constitution to use his discretion in selecting the five.
“They are appointed by the President at his own discretion. The President is free to appoint anyone from any political party, subject to that person agreeing,” said the lawyer.

He said the appointees would be in Cabinet and would therefore not sit in Parliament.
“They cannot sit in Parliament, they can only go there to report or be questioned by Parliamentarians on issues pertaining to their Ministries.

Their main function would be to partake in formulation and implementation of Government policy. If ever they sit in Parliament, they can only do so as ex-officio members, meaning they cannot vote on issues. Voting is reserved for members who have been voted for by the electorate,” said the lawyer.

President Mugabe and Zanu-PF cruised to a landslide victory, crushing Mr Morgan Tsvangirai’s MDC-T in the harmonised elections.
President Mugabe routed Mr Tsvangirai by about one million votes for the Presidency, while Zanu-PF ran riot, winning 160 National Assembly seats against MDC-T’s 49, with the remaining seat going to prominent Harare lawyer, Mr Jonathan Samukange, who filed as an independent.