Mnangagwa vague about who is senior, Mphoko or him

Vice-President Emmerson Mnangagwa yesterday dogged a question about who is the first and second vice-president in the Zimbabwe African National Union-Patriotic Front preferring to rely on the equally vague constitution.

He was responding to a question from Magwegwe legislator Anele Ndebele who wanted to know who was senior, Mphoko or him, because Mphoko had categorically refused to be called second vice-president.

“Currently, the provision which applies is the one which I am reading. Paragraph 14 (1) says, ‘Notwithstanding Section 92, (meaning 92 yatsvetwa parutivi), in the first election and any Presidential election within 10 years – the first election refers to the 2013 elections. Any presidential election within 10 years after the first election, candidates for election as President do not nominate persons in terms of that section to stand for election as Vice President’. That has been deferred for 10 years. Subsection (2), ‘Without delay the person elected as President in any election referred to in paragraph (1) must appoint not more than two Vice Presidents, who hold office at his or her pleasure. (3) Where (a) one Vice President is appointed in terms of Subparagraph (2), that person is the first Vice President for the purposes of this Constitution” where one has been appointed and not two,” Mnangagwa said.

“However, where two Vice Presidents are appointed and in this particular case, there are two, in terms of Sub-paragraph (2), “the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable to exercise his or her official functions through illness or any other cause” – I think I am still very clear.

“Notwithstanding Section 101…’; meaning that Section 101 is being put aside, “but subject to paragraph (5) and (6), if the person elected President in an election referred to in sub-paragraph (1), dies, resigns or is removed from office – (a) the Vice President or, where there are two Vice Presidents, the Vice President who was last nominated to act in terms of sub-paragraph (3) (b), acts as President. The Vice President who had last acted when the President was out of the country like Vice President, Hon. Mphoko who was the last acting Vice President when the President was away, acts as the President until a new President assumes office in terms of paragraph (5). So there is no case, it is very clear.

“The vacancy in the office of the President must be filled by a nominee of the political party which the President represented when he or she stood for election’, that is ZANU PF –[HON. MEMBERS: In audible interjections.]- those who would want to learn will listen but the empty tins will always make noise because they have no capacity to learn. I thought that you would want to learn about what the Constitution says and I am reading the Constitution for the benefit of those who would want to understand what the Constitution of this country says about this issue.

“Paragraph (5), ‘A political party which is entitled to nominate a person in terms of sub-paragraph (4) (b), must notify the Speaker of the nominee’s name within ninety days after the vacancy occurred in the office of the President, and there upon the nominee assumes office as President after taking the oath of President in terms of Section 94, which oath the nominee must take within forty-eight hours after the Speaker of the National Assembly was notified of his or her name’. That concludes the process, I thank you.”

Mphoko, however, last week said he was the second vice-president when he said his seniors were President Robert Mugabe and his wife, followed by Mnangagwa and his wife.

Q & A:

HON. NDEBELE: I have a question for the Hon. Vice President of the country. In his wisdom, the Hon. Vice President Mphoko has categorically refused to be called Second Vice President. The question from the people of Magwegwe therefore is – what is Government’s policy in terms of designating either of the two Vice Presidents as First and Second Vice President. This question is asked in anticipation of a constitutional crisis in the event that we have to invoke Section 101 of our Constitution which expressly mentions a First and a Second Vice President. Clearly at law, the express mention of one totally excludes the other. I thank you

THE HON. SPEAKER: What Section did you refer to?

HON. NDEBELE: Section 101.

THE VICE PRESIDENT AND MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. E. D. MNANGAGWA): Thank you Mr. Speaker Sir. I thank the Hon. Member who has raised this question. There is great possibility that there are more people of his category in terms of misunderstanding the Constitution. If you go to the special provisions under Schedule 6, Section 14, on page 149 reads, “Special provision for election and tenure of first President and appointment of Vice Presidents”. The issue is that he is referring to a suspended provision of the Constitution which will apply 10 years from now.

Currently, the provision which applies is the one which I am reading. Paragraph 14 (1) says, ‘Notwithstanding Section 92, (meaning 92 yatsvetwa parutivi), in the first election and any Presidential election within 10 years – the first election refers to the 2013 elections. Any presidential election within 10 years after the first election, candidates for election as President do not nominate persons in terms of that section to stand for election as Vice President’. That has been deferred for 10 years. Subsection (2), ‘Without delay the person elected as President in any election referred to in paragraph (1) must appoint not more than two Vice Presidents, who hold office at his or her pleasure. (3) Where (a) one Vice President is appointed in terms of Subparagraph (2), that person is the first Vice President for the purposes of this Constitution” where one has been appointed and not two.

However, where two Vice Presidents are appointed and in this particular case, there are two, in terms of Sub-paragraph (2), “the President may from time to time nominate one of them to act as President whenever he or she is absent from Zimbabwe or is unable to exercise his or her official functions through illness or any other cause” – I think I am still very clear.

(4) Notwithstanding Section 101…’; meaning that Section 101 is being put aside, “but subject to paragraph (5) and (6), if the person elected President in an election referred to in sub-paragraph (1), dies, resigns or is removed from office – (a) the Vice President or, where there are two Vice Presidents, the Vice President who was last nominated to act in terms of sub-paragraph (3) (b), acts as President. The Vice President who had last acted when the President was out of the country like Vice President, Hon. Mphoko who was the last acting Vice President when the President was away, acts as the President until a new President assumes office in terms of paragraph (5). So there is no case, it is very clear.

‘(b) The vacancy in the office of the President must be filled by a nominee of the political party which the President represented when he or she stood for election’, that is ZANU PF –[HON. MEMBERS: In audible interjections.]- those who would want to learn will listen but the empty tins will always make noise because they have no capacity to learn. I thought that you would want to learn about what the Constitution says and I am reading the Constitution for the benefit of those who would want to understand what the Constitution of this country says about this issue.

Paragraph (5), ‘A political party which is entitled to nominate a person in terms of sub-paragraph (4) (b), must notify the Speaker of the nominee’s name within ninety days after the vacancy occurred in the office of the President, and there upon the nominee assumes office as President after taking the oath of President in terms of Section 94, which oath the nominee must take within forty-eight hours after the Speaker of the National Assembly was notified of his or her name’. That concludes the process, I thank you.

THE HON. SPEAKER: In addition, Part 1 of Schedule 6, Subsection 2, is also clear to buttress what the Hon. Vice President had said. Schedule 6, prevails to the extent of any inconsistency over all other provisions of this Constitution.

See also:

Vice-President Mphoko says no one is more Zimbabwean than others

Dzimba dzina mazera- Mphoko deserves a house fit for a Vice-President

Mphoko not the first ex-ZIPRA to blame Britain for Gukurahundi

Dabengwa should support Mphoko if he is not jealousy of his former subordinate – Jonathan Moyo says

Kasukuwere says “we are behind Mnangagwa and Mphoko”

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