Exceptional Circumstances
Although the Constitution no longer allows for ordinary dissolution of Parliament by Presidential Proclamation, and provides that normally Parliament should serve out its five-year terms, Section 143 of the Constitution provides for an early dissolution of Parliament in the following exceptional circumstances:
1. a refusal by Parliament to pass an annual Appropriation Bill [the Budget] [section 143(3)]
2. the passing by a least two-thirds of the members of the National Assembly and the Senate, sitting separately, of resolutions to dissolve Parliament [section 143(2)]
3. a Parliamentary vote of no confidence in the Government [section 109]
In the first event the President may dissolve Parliament and proclaim a general election to be held within 90 days of dissolution or instruct a Minister to change the Budget;
In the second one he must dissolve Parliament within 14 days and proclaim a General Election to be held within 90 days of dissolution;
In the third circumstance he must either replace all his Ministers or dissolve Parliament and proclaim an election; [if he does not do so within 14 days, Parliament is automatically dissolved and the President must proclaim a general election to be held within 90 days of the automatic dissolution]
Note: The five-year term would not be prematurely terminated if President Mugabe were to cease to be President before the end of the term. In that event, there are two stages provided for by the Constitution—
1. Acting President – the Vice-President who last acted as President takes over until his party [ZANU-PF] notifies the Speaker of Parliament who it has nominated as a successor [notification must be within 90 days],
2. Substantive President – the nominee notified to the Speaker by ZANU-PF must assume office as President by taking the Presidential oath of office within the next 48 hours before the Chief Justice. The new President then holds office until the swearing-in of the person elected at the next general election in July or August 2018.
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