This Chapter spells out the executive power vested in the President who shall be directly elected for a five-year term, which is renewable once. However, the term limits only apply to persons who held the office of President under the new constitution.
The functions of the President under this Chapter include assenting to and signing of Bills, referring a Bill to a constitutional court for an opinion or advice on its constitutionality, as well as summoning the National Assembly, the Senate or Parliament to an extra ordinary sitting to conduct special business.
The President, under this Chapter, shall make appointments which the constitution or legislation requires him/her to make. He/she will call for elections in terms of the constitution as well as referendums in any matter in accordance with the law.
Deploying forces
The Chapter says that the President shall be responsible for deploying the defence forces and conferring honors and awards as well as appointing ambassadors and diplomatic and consular representatives.
The President is responsible for receiving and recognising foreign diplomatic and consular representatives.
Another function of the President under this Chapter is concluding or executing conventions, treaties and agreements with foreign states and governments and international organisations as well as declaring war or peace.
To qualify for the position of President, according to the COPAC draft constitution, one has to be a citizen of Zimbabwe by birth or descent and be at least 40-years-old.
Running mates
The draft constitution has a provision on running mates but this shall come into effect “ten years after the constitution has come into effect”.
“Ten years after the effective date of the constitution, candidates running for the for the office of the President must submit two names in order of ranks who shall upon winning become first and second Vice Presidents.
“In the event of death, resignation or incapacitation of the incumbent President, the vice Presidents succeed the incumbent in the order of seniority and finish the term of the incumbent,” reads the draft constitution.
“Effectively, within the first 10 years of the constitution coming into effect, succession to the office of the President is governed by the provision in the Lancaster House constitution as amended by the Global Political Agreement which is to the effect that the party which held the office of the President shall provide a President,” reads the draft constitution.
The COPAC draft provides that a President may be removed from office by a joint resolution of the Senate and the National Assembly. The draft constitution says that during his/her tenure of office, the President has immunity against civil and criminal proceedings for things done while in office.
The draft constitution goes on to state that, “however, this immunity does not apply after leaving office”.
Assisted by Cabinet
Chapter Five of the COPAC draft says that the President shall be assisted by Cabinet. The Cabinet consists of the President, who is the head, the vice Presidents “and as such Ministers the President may appoint to the Cabinet”.
Under the COPAC draft, the functions of the Cabinet will be to direct the operations of the government, preparing, initiating and implementing national legislation and advising the President.
The Cabinet shall be responsible for conducting government business in Parliament and developing and implementing national policy.
On the issue of Ministers and Deputy Ministers, the COPAC draft says that they should be appointed by sitting Members of Parliament only. However, the President may appoint up to five members outside Parliament on account of their professional skills and competence.
Chapter Five of the COPAC draft highlights that the Attorney General shall be part of the Executive and may attend Cabinet meetings and can sit in the House of Assembly and participate in debate but shall not have voting powers.
Under Chapter Five of the draft constitution, the Attorney General no longer has prosecutorial powers but is only a legal adviser to government. Prosecutorial powers will be assigned to a new office of the National Prosecuting Authority headed by the Prosecutor-General.
Post published in: News
When Mugabe leaves office he has no immunity and therefore no protection and is dead meat !
Why then would he allow anyone to take his ‘office’ ?
Fight to the death now, by hook or by crook because he has nothing else to loose !
And that is why he has instructed ALL the state security apparatus – his green bombers, AL Shabab, Top Six, Jocho-Mondo, Jambanja and Chipangano to join forces with the ZNLA, Chihuri’s private police, the CIO plus all zanoids like Jabaluni Sabanda etc to do WHATEVER is necessary, NOT to allow for any election result that will see them being arrested and convicted of war crimes and murders among many many other atrocities.
What would YOU do, if you were in his and his cabal’s position ?
NO BRAINER !!!!
The only saving grace Robobo is that we are more determined than them, our conviction to building a Free Zimbabwe is far greater than that of forces of destruction.
History is on our side, Gaddafi and Mubarak would still be in power if forces of evil prevailed in those circumstances.
Thanks for letting us know, atleast we know how selfish these principals are