PRESIDENT Emmerson Mnangagwa is in violation of the constitution by failing to appoint a minister of Intelligence as stipulated by the supreme law of the land, a lawmaker has said.
Mnangagwa, who emerged victorious in the disputed 2023 general elections, failed to appoint a minister of Intelligence when he named his cabinet team.
Raising a question of national interest in Parliament last week Hatcliffe legislator, Agency Gumbo (CCC), said Mnangagwa had a constitutional obligation to appoint a minister of Intelligence.
“Section 225 of the Constitution Hon.Speaker, stipulates that the President must appoint a Minister to be responsible for any intelligence service and that is part four of the Constitution of the land,” Gumbo said.
“Now, Mr. Speaker Sir, it is common knowledge that when several appointments of ministers of government were gazetted and assignments were attributed to the different Ministers of State in the President's Office, there was never mention of an appointment of a minister in charge of or responsible for intelligence service in this country.
“The last minister who served in that portfolio was Minister Ncube, and this is a matter of public knowledge.”
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In 2022 Mnangagwa fired then State Security minister Owen “Mudha” Ncube from government over “inappropriate conduct”.
“Now, Mr. Speaker, Section 225 of the Constitution places a peremptory obligation on the President. It uses the word ‘must’ and what that means is that the President must not exercise a choice as far as fulfilling that obligation is concerned,” Gumbo said.
“So, it is very clear as it stands and as things stand now, we are one year after the election and we are in the second session of the 10th Parliament, still to date, no single minister has come into this House with or carrying the responsibility of National and State Security.”
Gumbo said the issue was not a partisan matter, but affected every Zimbabwean.
“We have a privilege as Members of Parliament to address Ministers of State and Ministers of Government who come into this House on national issues.
“So, in the absence of a minister of National Security in this country, there are serious national security questions.
“We are unable to interrogate and demand answers from the Executive. That goes to the heart and the core of our role of oversight.”
Mnangagwa has in the past made constitutional gaffes.
Last year, he was forced to reverse the unconstitutional appointment of the Zimbabwe Defence Forces commander General Phillip Valerio Sibanda into the ruling Zanu PF decision-making administrative organ, the politburo, as an ex officio member.
After the elections last year, Mnangagwa was forced to withdraw the appointments of Nokuthula Matsikenyere and John Paradza, who at the time had a pending by-election, as ministers after going beyond the threshold of those that can be appointed without being lawmakers.