The bilateral investment protection agreement (BIPPA) with South Korea was signed while the Prime Minister was on a state visit to the country last month. But on Wednesday, Mugabes spokesman George Charamba launched a scathing tirade against Tsvangirai in the state controlled Herald newspaper over the agreement, saying the Prime Minister does not have the authority to approve such an agreement on the governments behalf. Charamba said only Mugabe, after consulting cabinet, could bind Zimbabwe to another country through a BIPPA.
The BIPPA was signed between Zimbabwe and South Korea, with Heneri Dzinotyiwei, the Minister of Science and Technology, signing on behalf of Zimbabwe. But Charamba said it was absurd that Tsvangirai had delegated Dzinotyiwei to sign on behalf of Zimbabwe. He said such powers were only vested in Mugabe, not Tsvangirai.
It is absurd, to say the least. Anyway, as far as I know and I have checked, the President never made any such delegation so in effect no BIPPA was signed in Korea, he told the Herald. Maybe it was the mock signing ceremony of a BIPPA that might be signed in the future by those constitutionally delegated to do so.
It is widely suspected that Mugabe came under pressure to reverse the South Korean deal from his long time supporters, North Korea. The two Korean states are sworn enemies, and it is understood that North Korea, believed to be secretly funding Zimbabwes military, is furious that deals are being negotiated with the South. The agreement has now reportedly been reversed after the Ministry of Foreign Affairs wrote to the South Koreans to tell them the agreement was null and void.
Their embassy has been informed of the constitutional position and indications are that they have since communicated to Seoul, the Herald quoted a Foreign Affairs official as saying.Tsvangirais office has now called for Charamba to face disciplinary action for undermining the authority of the Prime Minister. The Minister of State in the Prime Ministers Office, Gorden Moyo, called a press conference on Wednesday and announced that Charamba had gone over the top in his statements to The Herald, belittling Tsvangirais trip to South Korea. Moyo said Charambas comments violated ethics of the civil service and also the spirit of this inclusive government.
The BIPPA was prepared by the two countries in accordance with local laws and protocols, Moyo said. The agreement was drafted by the office of Zimbabwes Attorney General and reviewed and approved by the Cabinet Committee on Legislation. Moyo said Elton Mangoma, the Minister of Economic Planning and Investment who had a constitutional responsibility of signing such agreements on behalf of the government, had officially conveyed his power of attorney to Dzinotyiwei. Moyo said Charambas claims were not only false but did not represent governments position and violated the ethics of the civil service and the spirit of the inclusive government.
Observers have commented that this most recent split in the government once again clearly shows that Mugabe has no intention of sharing power in the unity government. A deadlock over outstanding issues of the GPA remains firmly in place, with Mugabe refusing to implement his part of the deal. The three principals to the GPA finally met on Tuesday to discuss a report on how to solve the outstanding issues. But no agreement has been reached and its understood that the dispute will now be taken to the Southern African Development Community (SADC), the guarantors of the Zimbabwe unity deal.
Mugabe meanwhile has insisted that his recent unilateral appointment and promotion of judges was fully constitutional. Tsvangirai and the MDC have been up in arms over Mugabes unilateral move, which saw controversial former Zimbabwe Electoral Commission chairman, George Chiweshe, become Judge President of the High Court. Tsvangirai has warned that Mugabe risks plunging the country into a constitutional crisis over the appointments, pointing out that the constitution stipulates that the President must make key appointments in consultation with the Prime Minister.
But Mugabe is reported to have defended his actions to Tsvangirai during their Tuesday meeting, saying the judges were appointed through an internal authority, the Law Society of Zimbabwe. A source quoted by the Herald said: It must be borne in mind that the Law Society has many people sympathetic to Tsvangirai and he agreed that it was doubtful they would act against his interests.
President Mugabe said he had merely formalised the appointments acting on the advice of the Law Society, the Chief Justice and the Judicial Services Commission, the source reportedly said.
The Herald also quoted this source as saying that it does not really matter whether or not he (the Prime Minister) was satisfied with Mugabes explanation. The insider also insisted that the matter is now closed.
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More cracks in the already shaky coalition government are appearing, after a trade agreement authorised by Prime Minister Morgan Tsvangirai was reversed this week, apparently on Robert Mugabes orders.