By Reinford Khumalo | The sacking of the Deputy Minister of Higher and Tertiary Education, Honourable Simelisizwe Sibanda from his post of Deputy Minister for Higher and Tertiary Education by the President Dr E.D. Mnangangwa two weeks ago is an affront to constitutional justice. The constitution of Zimbabwe as amended on 30th September, 2018 stipulates and states specifically in Chapter 1 Sections 1 and 2 that the “Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency. (2) The obligations imposed by this Constitution are binding on every person, natural ion or juristic, including the State and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them.”
The incident of the dismissal of the former deputy minister as related by ZIMSPHERE on 1 July, 2024 avers, “His Excellency the President of the Republic of Zimbabwe, Cde Dr Emerson D Mnangagwa has, in terms of Section 108 (1a) of the constitution of Zimbabwe, removed Hon. Simelisizwe Sibanda from the office of deputy minister of Higher and Tertiary Education, Innovation, Science and Technology Development with immediate effect,” Rushwaya said in the statement.
The article continues to state that “the incident that led to the former deputy Mininister’s dismissal occurred during his visit to Clonnmore Primary School where he learned about a teacher struggling to teach an Early Childhood Development (ECD) class due to her inability to speak the local language. Parents had expressed their frustration over the situation.”
As an academic, in my addressing this matter, I would like to further quote Section 6 (4b) of the constitution pertaining to the promotion of languages. The section states that the state must take into account the language preferences of people affected by governmental measures or communications. In this particular case, the incumbent teacher could not speak the language of the children she was supposed to teach. How then would she benefit the children through instructing them?
As pertaining to culture, Section 16 (3) states as follows: The State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans. Section 19 (1d) referring to the development of children states that the state must ensure that children have access to appropriate education and training. In fact, the teaching of a child even goes beyond a mere knowledge of the language of the child. The child needs someone who knows his/her cultural values as well to groom him/her effectively to be a useful citizen.
The deputy minister’s attempt to address the issue of the transfer of the teacher was likely a step towards accountability and governance. The president’s actions of dismissing the deputy minister may undermine these principles. This event may contribute to the erosion of democratic norms, the rule of law and institutional checks and balances.
Section 108 (1a) used to dismiss the deputy minister is not applicable as a response to an act of oversight and the exercise of accountability and governance demonstrated by the deputy minister. In place of applying the provisions of the cited section of the constitution in this matter, the president should have affirmed and confirmed the deputy minister in his position. Its application by the president in such a manner is a violation of the constitution and abuse of power by the president. The president’s actions, therefore, might be driven by a desire to maintain power, protect loyalists or appease their tribal base.
By firing the deputy minister for trying to address structural violence, the president may have overstepped his authority and violated the provisions for ministerial accountability and oversight.
The president’s actions may be influenced by tribal loyalty and a desire to maintain dominance rather than upholding the rule of law and protecting all citizens equally. The initial issue of structural violence perpetuated by some individuals from the president’s tribal group may have been overlooked or condoned, perpetuating a harmful status quo. Further, the president’s actions are a clear example of political interference, tribal favouritism, and disregard for constitutional principles. The firing of the deputy minister is seen as a form of retaliation against someone trying to address systemic injustices, thus further entrenching structural violence.
This incident highlights the need for stronger institutional safeguards, independent oversight bodies and a culture of accountability to prevent abuse of power. Further, our president needs strong advisers, people who shall not engage in singing praises to him but people who will be objective and uphold upright decisions. Like all of us, the president is human. He can err. However, those around him that are given the responsibility to work with him need to adhere to the principles of accomplishing good governance of the nation through the president. Good leaders have always owed their effective leadership to their able and astute advisors.
About the Author: Reinford Khumalo is a Full Professor of Business Leadership and Organisational Behaviour. He is a keen Researcher, Consultant and advisor on Strategy to Businesses and Other Organisations in the community. He can be contacted through his e-mail: [email protected]