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Mugabe's functions under Constitution before power sharing
Zimbabwe's opposition Movement for Democratic Change (MDC) refuses to sign a power-sharing deal with the ruling Zanu PF party in a dispute over the amount of power transferred to its leader Morgan Tsvangirai in a Prime Ministerial role from the executive functions of President Robert Mugabe (READ ROLE OF PRIME MINISTER).
As a way to promote public debate on the issues, we publish below the Presidential functions as laid out in the Constitution of Zimbabwe. Most but three of the functions have either been shared with the Prime Minister, cross-referenced with Cabinet or transferred in the envisaged deal.
The remaining
functions are the power to declare a state emergency, declare clemency
and declare war or make peace.
...............................
Last
updated: 22/08/2008 19:27:03
(EXTRACT FROM THE CONSTITUTION OF ZIMBABWE, AS AMENDED BY AMENDMENT 17)
CHAPTER
IV
THE EXECUTIVE
PART 1
The President
27 The President
(1) There shall be a President who shall be Head of State and Head of
Govern-ment and Commander-in-Chief of the Defence Forces.
(2) The President shall take precedence over all other persons in Zimbabwe.
PART
3
Executive Functions
31H Executive functions of President
(1) The executive authority of Zimbabwe shall vest in the President
and, subject to the provisions of this Constitution, may be exercised
by him directly or through the Cabinet, a Vice-President, a Minister
or a Deputy Minister.
[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
(2) It shall be the duty of the President to uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed.
(3) The President shall have such powers as are conferred upon him by this Con-stitution or by or under any Act of Parliament or other law or convention and, subject to any provision made by Parliament, shall, as Head of State, in addition have such prerogative powers as were exercisable before the appointed day.
(4) Without prejudice to the generality of subsection (3), the President
shall have power, subject to the provisions of this Constitution—
(a) to appoint, accredit, receive and recognize diplomatic agents and
consular officers; and
(b) to enter into international conventions, treaties and agreements;
and
(c) to proclaim and to terminate martial law; and
(d) to declare war and to make peace; and
(e) to confer honours and precedence.
(5) In the exercise of his functions the President shall act on the
advice of the Cabinet, except in cases where he is required by this
Constitution or any other law to act on the advice of any other person
or authority:
Provided that the President shall not be obliged to act on the advice
of the Cabinet with respect to—
(a) the dissolution or prorogation of Parliament; or
(b) the appointment or removal of a Vice-President or any Minister or
Deputy Minister; or
[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment
No. 10]
(b1) subject to the provisions of an Act of Parliament such as is referred
to in section 111A, the appointment or removal of a Provincial Governor
in terms of such Act; or
[Paragraph as inserted by section 5 of Act 4 of 1989 - Amendment
No. 8
and as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
(c) the assignment or reassignment of functions to a Vice-President
or any Minister or Deputy Minister or with respect to the cancellation
of any such assignment or reassignment of functions; or
[Paragraph as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
(c1) the designation of a Vice-President or Minister in terms of section
31(1); or
[Paragraph as inserted by section 5 of Act 15 of 1990 - Amendment
No. 10]
(c2) the appointment of members of Parliament in terms of section 38(1)(d);
or
[Paragraph as inserted by section 5 of Act 15 of 1990 - Amendment
No. 10]
(d) the appointment of any person to an office or post in terms of this
Constitu-tion or any other law, or the removal of any person from such
an office or post, where the President is required by this Constitution
or by the law con-cerned, as the case may be, to consult any other person
or authority before making the appointment or effecting the removal.
(6) Nothing in this section shall prevent Parliament from conferring or imposing functions on persons or authorities other than the President.
31I Prerogative of mercy
(1) The President may, subject to such lawful conditions as he may think
fit to impose—
(a) grant a pardon to any person concerned in or convicted of a criminal
offence against any law; or
(b) grant a respite, either indefinite or for a specified period, from
the execution of any sentence for such an offence; or
(c) substitute a less severe punishment for that imposed by any sentence
for such an offence; or
(d) suspend for a specified period or remit the whole or part of any
sentence for such an offence or any penalty of forfeiture otherwise
imposed on account of such an offence.
(2) Where a person resident in Zimbabwe has been convicted in another
country of a criminal offence against a law in force in that country,
the President may declare that that conviction shall not be regarded
as a conviction for the purposes of this Con-stitution or any other
law in force in Zimbabwe.
31J Public emergencies
(1) The President may at any time, by proclamation in the Gazette, declare
in rela-tion to the whole of Zimbabwe or any part thereof that—
(a) a state of public emergency exists; or
(b) a situation exists which, if allowed to continue, may lead to a
state of public emergency.
(2) A declaration under subsection (1), if not sooner revoked, shall
cease to have effect at the expiration of a period of fourteen days
beginning with the day of publica-tion of the proclamation in the Gazette
unless, before the expiration of that period, the declaration is approved
by resolution of Parliament:
Provided that, if Parliament is dissolved during the period of fourteen
days, the declaration, unless sooner revoked, shall cease to have effect
at the expiration of a period of thirty days beginning with the day
of publication of the proclamation in the Gazette unless, before the
expiration of that period, the declaration is approved by resolution
of Parliament.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(3) Where a declaration under subsection (1)—
(a) is not approved by resolution under subsection (2), the President
shall forth-with, after Parliament has considered the resolution and
failed to approve it or, if Parliament has not considered the resolution,
on the expiration of the appropriate period specified in subsection
(2), by proclamation in the Ga-zette, revoke the declaration;
(b) is approved by resolution under subsection (2), the declaration
shall, subject to the provisions of subsection (4), continue in effect
for a period of six months beginning with the day of publication of
the proclamation in the Ga-zette:
Provided that, where Parliament has in the resolution under subsection
(2) speci-fied that the declaration shall continue in effect for a period
of less than six months, the President shall, by proclamation in the
Gazette, make provision that the declaration shall, subject to the provisions
of subsection (4), be revoked on the expiration of the period so specified.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(4) If Parliament resolves that it considers it expedient that a declaration under subsection (1) should be continued for a further period not exceeding six months, the President shall forthwith, by proclamation in the Gazette, extend the declaration for such further period as may be so resolved.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(5) Notwithstanding any other provision of this section, Parliament
may at any time—
(a) resolve that a declaration under subsection (1) should be revoked;
or
(b) whether in passing a resolution under subsection (2) or (4) or subsequently,
resolve that a declaration under subsection (1) should relate to such
lesser area as Parliament may specify;
and the President shall forthwith, by proclamation in the Gazette, revoke
the declara-tion or provide that the declaration shall relate to such
lesser area, as the case may be.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(6) Without prejudice to the provisions of subsections (1) to (5), Parliament
may at any time resolve in relation to the whole of Zimbabwe or any
part thereof that a situation exists which—
(a) if allowed to continue, may lead to a state of public emergency;
and
(b) may require the preventive detention of persons in the interests
of defence, public safety or public order.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(7) A resolution under subsection (6) shall, subject to the provisions of subsection (8) and unless Parliament has specified that it shall have effect for a period of less than one year, have effect for a period of one year beginning with the day on which it is passed.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(8) Parliament may continue a resolution under subsection (6) for a further period, not exceeding one year.
[Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10]
(9) Notwithstanding any other provision of this section, Parliament
may at any time resolve—
(a) that a resolution under subsection (6) shall cease to have effect;
or
(b) that a resolution under subsection (6) shall relate to such lesser
area as Par-liament may specify.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(10) A declaration under subsection (1) or a resolution under subsection (6) may be continued in accordance with this section notwithstanding that it has previously been continued.
(11) No resolution under subsection (2), (4), (6) or (8) shall be deemed to have been duly passed unless it receives the affirmative votes of more than one-half of the total membership of Parliament.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9]
(12) Where Parliament passes a resolution under subsection (6), (8) or (9), the Clerk of Parliament shall forthwith cause to be published in the Gazette a notice of such resolution and the effect thereof.
[Subsection as amended by section 26 of Act 31 of 1989 - Amendment
No. 9,
and section 15 of Act 14 of 1996 - Amendment No. 14]
(13) …
[Subsection repealed by section 4 of Act 4 of 1993 - Amendment No.
12]
31K Extent to which exercise of President’s functions
justiciable
(1) Where the President is required or permitted by this Constitution
or any other law to act on his own deliberate judgement, a court shall
not, in any case, inquire into any of the following questions or matters—
(a) whether any advice or recommendation was tendered to the President
or acted on by him; or
(b) whether any consultation took place in connection with the performance
of the act; or
(c) the nature of any advice or recommendation tendered to the President;
or
(d) the manner in which the President has exercised his discretion.
(2) Where the President is required or permitted by this Constitution
or any other law to act on the advice or recommendation of or after
consultation with any person or authority, a court shall not, in any
case, inquire into either of the following questions or matters—
(a) the nature of any advice or recommendation tendered to the President;
or
(b) the manner in which the President has exercised his discretion.
[Chapter as substituted by section 2 of Act 23 of 1987]
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