There have been several misleading statements in the Press concerning the life of the current Parliament and whether or not the President has powers to extend the life of Parliament and the tenure of Government ministers.
In the House with with John Makamure
This article tries to clarify the correct position on these issues.
While the harmonised elections that ushered in the current Parliament took place on March 29 2008 and the Presidential runoff on June 27, members of this Parliament (7th Parliament) were only sworn into office five months later on August 25 2008.
The delays were caused by protracted negotiations between Zanu PF and the two MDC formations on the formation of a government of national unity. Logically, the term of office of a Member of Parliament must therefore commence when he/she has been sworn into office.
However, this is not the case according to our laws.
Section 63 (4) of the Constitution says Parliament, unless sooner dissolved, shall last for five years. This period shall be deemed to commence on the day the person elected as President enters office.
The President was sworn into office on June 29 2008, meaning the five-year term of Parliament commenced on this day even if the members of Parliament were sworn into office on August 25.
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Unless the President dissolves Parliament earlier, it means Parliament will stand dissolved on June 29 this year as it would have completed its five-year term of office.
It is important to note that the Constitution empowers the President to dissolve Parliament any time. So it is possible that he can dissolve it for the elections before the expiry of its term of office on June 29.
But can the President extend the life of Parliament beyond June 29? The answer is that the President has very limited powers to do so. He can only do so under two scenarios – when there is a declaration of a state of emergency or when Zimbabwe is at war.
When the country is at war, the life of Parliament can be extended by not more than one year at a time for a maximum of five years.
An extension of the life of Parliament under a declaration of a state of emergency shall not be for more than six months at a time provided that such period shall not be extended for more than one year.
We all know that Zimbabwe is not at war while chances of a declaration of a state of emergency are remote, to say the least. In short, the probability of the life of the current Parliament being extended beyond June 29 2013 is virtually nil.
The next question to ask is by when elections have to be held if Parliament ceases to exist on June 29? Can Government continue to function without a Parliament?
The President is empowered by the Constitution to call for an election within four months when Parliament has been dissolved. Basically, the harmonised election has to take place by end of October this year.
As far as vice-presidents, ministers and deputy ministers are concerned, the President has absolute powers to appoint and remove them from office.
While the Constitution says no person shall hold office as Vice-President, Minister or Deputy Minister for longer than three months unless he/she is a Member of Parliament, they may still continue to hold office until Parliament first meets after the dissolution.
So ministers and their deputies will continue to exercise their duties until elections and a new Parliament is sworn in.
It is important to point out that while the draft Constitution has diluted the President’s powers to dissolve Parliament, provisions relating to calling for an election after dissolution have been largely retained.
Section 144 (2) of the draft Constitution says the President must by proclamation call and set dates for a general election to be held not more than 90 days after Parliament has passed resolutions to dissolve, or the President has dissolved Parliament or Parliament stood dissolved after the expiry of its term of office.
Just like in the current Constitution, ministers and deputy ministers will remain in office upon dissolution of Parliament until the President-elect assumes office after a general election.
The final question is what happens to lawmaking when Parliament has been dissolved? In other words, who will pass draft legislation when there is no Parliament? The President can use his presidential powers under the Presidential Powers (Temporary Measures) Act to enact legislation.
This piece of legislation confers extensive powers on the President to enact legislation on virtually anything if he thinks it is in the public interest to do so.
The only limitation is that such legislation has a life span of six months, but can still be replaced by similar legislation. Ministers can also come up with statutory instruments or regulations to give legal effect to their policies when Parliament has been dissolved.
