Mr Tsvangirais (pictured) announcement on Friday has caused confusion about the implications of MDC-T staying in the inclusive government while at the same time disengaging from ZANU-PF.
The crucial passage in his statement is: whilst being government, we shall forthwith disengage from ZANU-PF and in particular from Cabinet and the Council of Ministers until such time as confidence and respect is restored among us. [For the full text of the statement see Bill Watch Special of 16th October.]
To clarify what this means:
Parliament: MDC-T MPs will continue to sit in Parliament and attend to their other Parliamentary work.
The Prime Ministers functions as Leader of Government Business in Parliament: These will be carried out as usual. In that capacity the Prime Minister is in a position to direct proceedings in Parliament. All four Bills presently in the Parliamentary pipeline are due to be presented by Minister of Finance Tendai Biti of MDC-T and these Bills will proceed as scheduled.
Ministerial Functions: The Prime Minister and Ministers and Deputy Ministers will continue to attend at their offices and carry out their functions.
Council of Ministers: Mr Tsvangirai specified in his statement that his party would disengage from the Council of Ministers. In his role as the Prime Minister he is the chairperson of this body, so disengagement will mean that the Council of Ministers will not be able to meet until such time as he summons it. The Council of Ministers executive powers under the GPA, are vague, so its suspension will probably have little direct impact. The GPA describes its functions as: To ensure that the Prime Minister properly discharges his responsibility to oversee the implementation of the work of government, there shall be a Council of Ministers consisting of all the Cabinet Ministers, chaired by the Prime Minister, whose functions shall be: (a) to assess the implementation of Cabinet decisions; (b) to assist the Prime Minister to attend to matters of coordination in the government; (c) to enable the Prime Minister to receive briefings from the Cabinet Committees; (d) to make progress reports to Cabinet on matters of implementation of Cabinet decisions; (e) to receive and consider reports from the Committee responsible for the periodic review mechanism; and
(f) to make progress reports to Cabinet on matters related to the periodic review mechanism.
Cabinet: the Prime Minister will not attend Cabinet meetings nor will MDC-T Ministers. There is nothing in the GPA or in the Constitution requiring the presence of all members or even of a specified quorum for Cabinet meetings to go ahead. So the President, who chairs Cabinet, could continue to call and preside over Cabinet meetings if he chooses to do so. Under the GPA it is in Cabinet that the real power of the government lies e.g. adoption of government policies and programmes, allocation of financial resources, etc. The implications of this could be serious as Article 20.1.2(f) of the GPA provides that the Cabinet shall take decisions by consensus. It is possible, therefore, that Cabinet decisions will be reached in the absence of MDC-T Cabinet members unless MDC-M Ministers attend and block consensus.
Constitution-making process: the Minister of Constitutional and Parliamentary Affairs has said he does not foresee the disengagement within the Executive causing any disruption in the constitution-making process.
Reaction to the Announcement
Reaction from ZANU-PF: ZANU-PF deputy spokesman Ephraim Masawi said his party would not lose sleep over the disengagement.
Reaction from MDC-M: MDC-M spokesman Mr Edwin Mushoriwa said his party would ignore the MDC-T disengagement and continue working in the inclusive government and engage with both the other partners to save it from collapse. [Note: Mr Chaibva, an MDC-M MP and introduced as representing MDC-M on ZTV, said that MDC-T should get out altogether and it would be good riddance to bad rubbish it is hoped that MDC-T will clarify that this does not in fact represent their views].
Reaction from South Africa: a South African Department of International Affairs spokesman has said that the South African government is very concerned and has urged the parties to recommit themselves to the letter and spirit of the GPA and move towards resolving outstanding issues.
From the region: there has been no official response, and Mr Tsvangirai will be visiting regional leaders next week to update them on the situation.
Will SADC Respond to the MDC-Ts Disengagement?
Mr Tsvangirais statement referred to the fact that despite numerous correspondence and trips to SADC and SADC leaders and despite a SADC summit, the above issues remain outstanding. He also stated that should this Constitutional crisis escalate, then the self-evident solution would be the holding of a free and fair election to be conducted by SADC and the AU and under UN supervision. It would seem incredible under these circumstances if SADC does not respond promptly to this.
The MDC-T were hoping that their outstanding issues would be dealt with at the last SADC Summit but the Summit dodged the issue by referring these to the Organ Troika. SADC Executive Secretary Salomao was in Harare last week but left without any announcement of a date for the much-anticipated Troika meeting.
Botswana Elections
President Ian Khama has been declared President for a new five-year term after his BDP party won the general elections, garnering 45 of the 57 constituencies with the remaining seats divided between the three opposition parties and one independent. Just before his win he had stated that if the GNU were to collapse he would not recognise Mr Mugabe as President. Last years presidential elections were so controversial the result was not endorsed by SADC, and it is the GNU which has given him legitimacy as President.
Update on Parliament
Agenda for sittings on Tuesday 20th October
For both Houses the only item on their agenda is the customary motion expressing loyalty to Zimbabwe and thanking the President for the speech he delivered when opening the Second Session on the 6th October.
House of Assembly Portfolio Committees and Senate Thematic Committees
Committee membership will continue as for the First Session for the time being, as announced by the Speaker and the President of the Senate in the brief sittings that followed the opening of Parliament on the 6th October. The committees have started meeting and have been considering their work plans. So far no public hearings have been scheduled. The House of Assembly’s Budget, Finance and Investment Promotion portfolio committee is meeting on Monday 19th October and will decide whether or not to hold public hearings on the Ministry of Finances three major Bills [see further under Legislation Update].
MPs in court
Senator and Deputy Minister of Agriculture Designate Roy Bennett found himself back in Mutare remand prison for two nights when the Attorney-Generals Office, instead of starting his trial in the magistrates court on 13th October, announced its decision to indict him for trial in the High Court on 20th October and insisted on the revocation of the bail previously granted by the Supreme Court. Bail waJs restored by Justice Hungwe on Friday afternoon and Mr Bennett was freed that evening. His trial will not now start on Monday as the Attorney-Generals office conceded yesterday that it failed to give him the 10 days notice required by law, and suggested the 27th October instead. The defence will be seeking a later trial date when Mr. Bennett appears before the High Court in Mutare on Monday.
Deputy Minister Tamsanqa Mahlangus trial on a charge of theft of a cell phone continued with the hearing of the defence case, which included testimony from Mr Mahlangu and was concluded on Wednesday 14th October. The magistrate will give his verdict on the 2nd November.
Zimbabwe Ranked Close to Bottom on 2009 Ibrahim Index
of African Governance
Zimbabwe is ranked 51st out of 53 African countries on the 2009 Ibrahim Index, beaten to last place only by Chad [52] and Somalia [53]. The Index assesses governance under four main categories: Safety and the Rule of Law; Participation and Human Rights; Sustainable Economic Opportunity; and Human Development. The 2009 Index is based on the latest available data from 2007 and 2008 so this rating does not reflect Zimbabwes governance since the formation of the Inclusive Government. Full data from the 2009 Index can be found on the Mo Ibrahim Foundations website: www.moibrahimfoundation.org.
High Court Decision on Chiadzwa/Marange Diamond Fields
The full text of Justice Hungwes judgment in the Chiadzwa diamond mining rights case has been released. [Electronic version available on request.] [Reminder: The judge ruled against the government and restored to African Consolidated Resources mining rights cancelled by the Government in 2006. The Government has appealed to the Supreme Court.]
Legislation Update
Bill passed by Parliament but not yet gazetted as Act
The Appropriation (Additional) (2008) Bill was passed in early April but has not yet been sent to the Presidents Office for the Presidents assent. [See Bill Watch 32 for a note on the Bill.]
Bills gazetted
Public Finance Management Bill [HB 9, 2009] gazetted Friday 16th October. The purpose of this wide-ranging Bill is to enhance efficient and responsible economic and financial management by the Government. The Bill covers the ground presently covered by the Audit and Exchequer Act and the State Loans and Guarantees Act, so it provides for the repeal of those Acts. Detailed provision is made to improve the accountability of public entities, a term embracing statutory bodies, companies controlled by the State, local authorities and partnerships and joint ventures between the State and the private sector. To be introduced by the Minister of Finance. [Electronic version available on request.]
Audit Office Bill [HB 10, 2009] gazetted on 2nd October. The purpose of the Bill is to establish an independent office of the Comptroller and Auditor-General outside the Public Service, with its own Audit Office Commission to fix conditions of service for the staff of the office and to be responsible for appointing and disciplining that staff. Also covered are the powers, functions and responsibilities of the Comptroller and Auditor-General, amplifying what is already in the Constitution. To be introduced by the Minister of Finance. [Electronic version available on request.]
Financial Adjustments Bill [HB 8, 2009] gazetted on 25th September. This is a short routine Bill providing for condonation of overspending by several Ministries during the 2006 financial year. To be introduced by the Minister of Finance. [Electronic version available on request.]
Reserve Bank Amendment Bill [HB 7, 2009] gazetted on 14th August. To be introduced by the Minister of Finance. [for a full discussion of the Bill see Bill Watch Special of 8th October, which notes that a clause in the Bill may be inconsistent with the Declaration of Rights].
Statutory Instruments
SI 162/2009 notifies new customs duty suspensions [gazetted 9th October].
No statutory instruments were gazetted on 16th October.
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