By Farai D Hove| President Emmerson Mnangagwa has been questioned on why soldiers are still deployed on the nation’s streets when yet Zimbabwe is not at war and the country now has a sitting President. The questions were raised by the MDC Chief Whip Innocent Gonese on Wednesday.

Mnangagwa must by law explain to the public why the army is still deployed.

Said Gonese, “Mr. Speaker, the reason why I am raising this matter is because whilst the President has the authority to deploy the Defence Forces, I believe that when this happens, there is an obligation by the President, as Commander-in-Chief to inform the nation and from my recollection we have not been informed by the President himself of the need for the deployment of the Defence Forces.

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“I have no problem Mr. Speaker Sir, if that is done in accordance with the provisions of the Constitution.  My worry is that at this point in time, and because that deployment specifically must be authorised by the Head of State.  I believe Mr. Speaker Sir, that this is not something which must be done willy-nilly – it is something which must be done after due consideration.

“In that regard, the nation should be informed from the highest office in the land and this does not seem to have happened.

“What we have had Mr. Speaker, there are pronouncements which have been made by members of the Defence Forces and members of the Police Force jointly but I believe that, if we are to follow the dictates of our Constitution, it is imperative that the Head of State informs the nation of the need to have the Police Force to be assisted by the Defence Forces.”

Below was the full text of the exchange  –

HON. GONESE: Hon. Speaker, I rise on a matter of privilege.  Thank you very much Mr. Speaker Sir.  I will begin by saying that Zimbabwe is a constitutional democracy.  My matter of privilege is related to the provisions of our Constitution and in particular, I am referring to the provisions of Section 119 on the role of Parliament as read with the provisions of Section 213.  Mr. Speaker, I am sure that you are familiar with the provisions of that Section but for the benefit of all Hon. Members, I will just highlight what the Section provides.

          In terms of Section 119 of our Constitution, Parliament is obligated to protect this Constitution and promote democratic governance in Zimbabwe.  Further to that, Parliament also has the power to ensure that the provisions of this Constitution are upheld and that the State and all institutions and agencies of Government at every level act constitutionally and in the national interest.

Having read the general provisions Mr. Speaker Sir, I will now revert to the matter which is of concern and that is in terms of Section 213; in respect of the deployment of the Defence Forces.  It is clear in terms of that provision that the President as the Commander-in-Chief of the Defence Forces has the power to authorise the deployment of the Defence Forces or the power to determine the operational use of the Defence Forces.

Further to that, with the authority of the President, the Defence Forces may be deployed in Zimbabwe as follows;

1. a)In defence of the country
2. b) In support of the Police Service in the maintenance of public order or
3. c)In support of the Police Service and other civilian authorities in the event of an emergency or a disaster.

Mr. Speaker, the reason why I am raising this matter is because whilst the President has the authority to deploy the Defence Forces, I believe that when this happens, there is an obligation by the President, as Commander-in-Chief to inform the nation and from my recollection we have not been informed by the President himself of the need for the deployment of the Defence Forces.  I have no problem Mr. Speaker Sir, if that is done in accordance with the provisions of the Constitution.  My worry is that at this point in time, and because that deployment specifically must be authorised by the Head of State.  I believe Mr. Speaker Sir, that this is not something which must be done willy-nilly – it is something which must be done after due consideration.  In that regard, the nation should be informed from the highest office in the land and this does not seem to have happened.  What we have had Mr. Speaker, there are pronouncements which have been made by members of the Defence Forces and members of the Police Force jointly but I believe that, if we are to follow the dictates of our Constitution, it is imperative that the Head of State informs the nation of the need to have the Police Force to be assisted by the Defence Forces.

That is the reason why I am rising Mr. Speaker, that as Parliament, it is our duty and obligation to ensure that at all times as a nation; we follow the dictates and the provisions of our Constitution.  Where there is an element of doubt and where there is lack of clarity, it is important for us as Parliament to ascertain, verify and clarify so that all of us are in the picture as to whether we have indeed followed the provisions of the Constitution.  That is my concern Mr. Speaker and that is the reason why I have reason with this matter of privilege, to have this clarified for us as to whether in fact it was the Head of State who gave that authority because it does not appear to have been done in accordance with the Constitution.  I thank you Mr. Speaker.

          THE HON. SPEAKER:   While you are upstanding, can you clarify which deployment you are talking about.

          HON. GONESE: The deployment in the country Mr. Speaker.  We have members of the Defence Forces – they are assisting the police as I have already pointed out. The Constitution allows for that, but only in the circumstances where the Head of State has authorised that course of action.  I am saying that as Parliament, we have not been officially informed by the Head of State, and the nation at large has not received any notification.  I believe that if that happens, due process must be followed.  The Head of State could have addressed the nation in that regard or a Statutory Instrument could have been gazetted or a general notice to inform the nation at large – that does not seem to have happened and that is what is the gravamen of the matter.  Because, when that happens Mr. Speaker, I would like to assume that things must be done transparently and openly.  For it to be done transparently and openly, the public must be notified in some way which I am not aware of Mr. Speaker.

          THE HON. SPEAKER:  Order, order.  You have not contextualised your observation Hon. Member.  Can you be more specific?

          HON. GONESE:  I will do so Mr. Speaker. – [HON. MEMBERS: Inaudible interjections.] –

          HON. GONESE:  Let me go back to the provisions of the Constitution.

          THE HON. SPEAKER:  Order, order.  I am very clear of the provisions of 213.

          HON. GONESE:  Thank you Mr. Speaker.  So, in view of those provisions which are very clear, my submission is that when you have members of the Defence Forces performing the duties that they are performing, that amounts to a deployment.

THE HON. SPEAKER:  You mean now?

HON. GONESE:  Yes, I mean now Mr. Speaker.

THE HON. SPEAKER: Okay.

          HON. GONESE: I mean now Mr. Speaker.  We have a Head of State who was inaugurated; His Excellency the Hon. Emmerson Dambudzo Mnangagwa, who is the Head of State and Commander-in-Chief of the Zimbabwe Defence Forces in this country.  I am saying Mr. Speaker, that in terms of the provisions which I have adverted to, it is my respectful submission.

          THE HON. SPEAKER:  I am very clear, I am very clear now.

          HON. GONESE: You are very clear, yes.  So I am saying, at this point in time Mr. Speaker, we have members of the Defence Forces who have been deployed  and in my understanding, they are definitely assisting the Police Service.  We obviously have the Police Service whose primary responsibility is to maintain law and order.  There are circumstances …

          THE HON. SPEAKER:  I thought you have made your point.

          HON. GONESE:  Yes, thank you.  I thought you wanted me to clarify.

          THE HON. SPEAKER:  Order, order.  I have two observations.  Hon. Chinotimba, I had not recognised you; that is one.  Hon. Members at the back there, yes, can you stop your tete-a-tete please.  The second thing is that you cannot rise before the Chair has responded to the point of privilege.

Yes, I hear you Hon. Gonese – I will engage His Excellency the President and I should be informed accordingly and will advise accordingly.

          *HON. CHINOTIMBA: On a point of order Mr. Speaker.  My point of order is on privilege.  If you can see on your left and on your right, you can see that it is a bright day.  We want to congratulate the Ministers.  We usually had challenges pleading with the Ministers that they come to Parliament to answer our questions but today, you have just seen yourself that we should thank them and it should continue like this.

We want to congratulate people like Hon. Perrance Shiri, Hon. Moyo for the new appointments and I wish them well in their new deployments.  Even people are saying what is not proper in this House but the truth of the matter is that our President, Hon.  Mnanagwa did a sterling job as you can see.  So I stood up to thank His Excellency Hon. Dambudzo Mnangagwa that whatever he has done, we should be thankful.  We usually have problems with Ministers who do not attend Parliament on Wednesdays to answer questions but today all the Ministers are here.  Thank you Mr. Speaker.

THE HON. SPEAKER: Order, order!  Thank you Hon. Chinotimba.  However, the coming of the Hon. Ministers also implies that the Hon. Members of Parliament must attend and not disappear, leaving out certain motions undebated.  Thank you.