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Auxilia Katongomara, Chronicle Reporter
THERE is nothing amiss about Cabinet Ministers continuing with their duties after Monday’s elections as the Constitution does not create a power vacuum, lawyers have said.
There have been concerns in some quarters as to why President Mnangagwa and Ministers are still conducting their duties following the elections as they were candidates.
Section 108 (4) of the Constitution explains the Tenure of Office of Ministers and Deputy Ministers.
“Subject to this Constitution, in the event of dissolution of Parliament, Ministers and Deputy Ministers continue to hold office as such until the President-elect assumes office after a general election,” reads the Section.
Bulawayo Human rights and Constitutional expert, Mr Tanaka Muganyi, explained that at no given time should there be a power vacuum in a State.
“The whole principle emanates from the analogue of power vacuum. At no given time should there be a power vacuum in a political state. Why? Because there should somebody controlling whether de-facto or de-jure at any given time,” said Mr Muganyi. “But for now, the President is in control de-jure in terms of the law. The reason is, his control emanates from Section 95 (1) b) which says following an election, the President remains a President until results are announced by Zec of a winner who is either him or not.”
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