By Mari Matutu | There is huge debate on the recent appointment of Chiwenga as minister of health. I have read Fadzai Mahere’s contributions on that. I say she is 100% correct in her findings.
The only point we must not miss is the mischief in the whole thing. Lets not take this as an academic matter or simple error in drafting the notice of appointment.
The fact that it is a breach of constitution only gives us an excuse to fight but its very important to study the motive of the author most.
I will take two things that stand up clear to this.
1) If it was a genuine mistake of saying Chiwenga has been appointed minister of health when in fact they wanted to say he has been assigned to administer the ministry of health, then the motive is related to the Drax scandal.
As it came out of zanu politibro that Chiwenga is planning to remove Mnangagwa, it is common cause that health sector has exposed Mnangagwa more than anything. The evidence that was presented by Hopewell in Drax scandal is suspected to have come through a person from internal and with interest. To curb that Mnangagwa took the “keys and hang them on the neck of the culprit.” Its a trap. Call it assignment if you want but if Chiwenga was behind the whole thing then he is silenced.
2) The next thing is constitutional amendments on running mate. The wording “appoint” was put in deliberately in to test the reaction of Chiwenga on the issue of running mate clause.
Very few fail to realise the implication of this whole issue on running mate and how running mate issue affects the politics of zanu.
If one is to read the constitution on s94 and s101 of constitution you will realise that VP who is elected assumes his roles and in event of death or removal of president he assumes the post of president. This means a VP with interest to become president can unearth offences of breach of oath against president in order for him to assume the post.
When it is showing by signs that Mnangagwa is exposed clearly then the next beneficiary is Chiwenga.
To test his moves Mnangagwa deliberately use the word appoint then give him a ministry that is hot. He also appoint a soldier as Permenant Secretary to monitor and appraise the moves of Chiwenga.
Where do we stand as MDC? Is this appointment a internal fight between zanu people which does not affect us or anyone?
The truth is if people where to look at Malawi you would see that the concept of running mate is the one that helped dismantle the dictatorship. If a running mate is to work as a checking tool then its good for accountability.
The next effect on ammendment number 9 of constitution where they want to say s101 on succession the political party that nominated the last president must nominate a replacement.
This must be resisted now in courts using this unconstitutional appointment as it must also be resisted in parliament.
It must be noted that the elections of president as is in any other public office are guided by rights in s67. Any citizen who is above 18 has a right to stand for elections for any public office. As long as this right stand then it is unconstitutional to talk of a party that nominated a previous president because it is possible for a Bryan Muteki to win presidential elections and appoint two independant VP. If he die where are you going to get the party to nominate a replacement?
This is is despite the fact of s88 that executive authority is derived from people of Zimbabwe and not political party. Where will a political party derive the authority to give to their nominee? Unlike MP of propotional representative president is a post given direct authority from the people such that appointment is a non event.
My point is while there is a loophole in the recent appointment lets look at it with wider view.