The
main question put across to the learned Judge during the interview was
whether the appointment of Permanent Secretaries by President Mugabe
was constitutional in the current dispensation.
In his response, the learned Rtd. Judge, quoting the Zimbabwe Constitution extensively, authoritatively asserts that what President Mugabe did was perfectly constitutional and legal.
It was not constitutional. It would seem the Rtd. Judge was basing his answers on the old Constitution because a quick perusal of the Zimbabwean Constitution as amended by Amendment 19, would have revealed that the leadership in Government, comprising the President, Vice-Presidents, Prime Minister and Deputy Prime Ministers will consult and agree on senior government appointments prior to their appointment. These senior positions include Permanent Secretaries and Ambassadors.
The correct current position regarding the workings of the new animal is found in Schedule 8 of the Zimbabwe Constitution.
It is further explicitly stated at the beginning of Schedule 8 that this Schedule shall prevail notwithstanding anything contrary in this Constitution. This, therefore. means that as long as this marriage is still subsisting, Schedule 8 will be our Bible. Hope this will help.
Kudzai Ranga is a solicitor based in Oxford, UK
Zimdiaspora.com
Post published in: News