Ten Zimbabwe ministers risk losing their posts

Ten ministers risk losing their Cabinet positions if the Constitutional Court on Thursday rules in favour of a civil society activist who is seeking to compel President Mugabe and the Prime Minister to reduce the number of ministers from 41 to 31.

Mr Moven Kufa, who operates the Voice of Democracy Trust, argues that the Constitution of Zimbabwe allows the Government to appoint 31 ministers only. He argues the excess 10 should be removed from their respective offices. Seven ministers, whose appointments were made after the 31 appointments, were also cited respondents.

They include Henry Madzorera, Saviour Kasukuwere, Walter Mzembi, Sekai Holland, Giles Mutsekwa, Sylvester Nguni, Joseph Made and Flora Bhuka.

Article 20.1.6(5) of Schedule 8 of the Constitution of Zimbabwe that was amended after the formation of the inclusive Government reads: “There shall be thirty-one (31) ministers with fifteen (15) nominated by Zanu-PF, thirteen (13) by MDC-T and three (3) by MDC-M”

Last year Judge President George Chiweshe found that the number of ministers exceeded the required number but threw out the application for fear of destabilising the inclusive Government. He found that if he ruled in Mr Kufa’s favour, there would be unnecessary confusion within the political body and public interest would be prejudiced.

The High Court also ruled that the figures envisaged under Article 20.1.6(5) of Schedule 8 to the Constitution of Zimbabwe, have not been outrageously exceeded considering the complexity of Government administration.

In the appeal papers filed with the Constitutional Court, Mr Kufa cited five grounds on which he is challenging the High Court’s finding. He contends that the High Court wrongly found that the relevant section of the Constitution of Zimbabwe was directory while it was peremptory.

Mr Kufa said the Prime Minister (Morgan Tsvangirai) and the President could have simply complied with the peremptory provision. The court, according to Mr Kufa, erred in finding that the President and PM’s concompliance with Article 20 did not invalidate the appointments of the additional ministers.

In the absence of evidence, the court erred in finding that the intention of Article 20 was to facilitate the appointment of a Government in which the three political parties (Zanu-PF, MDC-T, and MDC-M) would be represented proportionately, Mr Kufa argues.

Advocate Lewis Uriri is representing the President, PM and the seven ministers, while Adv David Ochieng will be appearing for Mr Kufa.