HARARE - Zimbabwe should have a non-executive President who must be elected by Parliament while it should be the prerogative of the Prime Minister to hire and fire cabinet ministers, according to a draft Constitution prepared by the countrys lawyers.
The draft Constitution by the Law Society of Zimbabwe (LSZ) said there should be a non-executive President who will be elected by Parliament. The Prime Minister will be Head of Government, and he or she will be elected through a nation-wide ballot for a five-year term though Parliament will have power to vote him or her out of office. Ministers will be appointed by the Prime Minister, not the President, LSZ president Josephat Tshuma in a statement.
The LSZ proposal is likely to be shot down by President Robert Mugabes Zanu (PF) which wants the new Constitution to retain the sweeping executive powers currently enjoyed by the veteran leader while abolishing the Prime Ministers position.
Zanu (PF) supporters and soldiers have campaigned for the adoption of the so-called Kariba draft constitution secretly authored by negotiators from the former ruling party and the two MDC formations in 2007 as the basis of the proposed new charter.
The Kariba draft leaves untouched the immense presidential powers that Mugabe has used to stifle opposition to his rule for the past three decades. The LSZ draft constitution also proposes changes to the process leading to the appointment and control of Zimbabwes security chiefs.
The security services will be subject to civilian, and particularly parliamentary, scrutiny and control, Tshuma said. The commanders of each service will be appointed by the President on the advice of an independent Security Services Commission, and their appointments will be subject to approval by the Senate. The current crop of security chiefs with roots in Zimbabwes 1970s war of independence have been accused of operating outside the rule of law by condoning land invasions, restricting media access and freedoms as well as harassing, arbitrarily arresting and detaining civil society activists.
The powerful heads of Zimbabwes security forces have refused to recognise a unity government formed by Mugabe and former opposition leader Morgan Tsvangirai, now Prime Minister, in February last year. The service chiefs have on several occasions since 2002 said they would never salute Tsvangirai, accusing the premier of being a puppet of the West and lacking liberation war credentials. The LSZ draft constitution also proposes that judges should be appointed by the President on the advice of an independent Judicial Services Commission.
In the case of the Chief Justice and other judges appointed to preside over courts, however, the President will act on the advice of the Prime Minister in choosing from a list of candidates put forward by the Judicial Services Commission, Tshuma said. Appointments of all judges must be approved by the Senate.
Post published in: Politics