Zimbabwe Human Rights NGO Forum Special Report Enforcing the Rule of Law in Zimbabwe CHAPTER 3 ENFORCING THE RULE OF LAW: THE EXECUTIVE The ‘Executive’ is defined by the Constitution of Zimbabwe as comprising the State President, Vice-Presidents, Cabinet Ministers, Deputy Ministers and the Ombudsman’s Office. The Public Service, the Police Force, the Defence Forces and the Prison Service are, of course, also part of the executive that administers the State. So, arguably, are the corruption-ridden state-owned corporations. However, there exists some uncertainty as to their appropriate classification even prior to the parastatals’ ‘privatisation’ and they will not be considered here. The Public Service includes the Attorney-General’s Office and all court personnel other than judges - but including magistrates - as part of the Ministry of Justice, Legal and Parliamentary Affairs. The functions of the Messenger of Court and Deputy Sheriff are contracted out to private enterprises. The State Presidency Initially Zimbabwe had a bicameral legislature and a titular State President. In 1987, the ZanuPF-dominated Parliament voted to abolish the Senate and switch to an executive Presidency. As defined by the Constitution, the executive State President must be a citizen of Zimbabwe by birth or descent, at least 40 years old, and ‘ordinarily resident’ in the country. The presidential term of office ‘shall be a period of six years: provided that – (1) the President shall continue in office until the person elected as President at the next election of president assumes office’ (s29(1)). The Constitution is completely silent on whether a serving President may stand for office more than once, following the repeal in 1990 of s29(1)(ii) which limited tenure to two terms. Incumbents are prohibited from holding ‘directly or indirectly … any public office or any paid office in the employment of any person’, a prohibition which extends to any recipient of a state pension after leaving the Presidency (s31B). Presidential functions are specified in the Constitution of Zimbabwe (s31H-J). The incumbent is required to ‘uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed’ (s31H(2)). Together with ‘such prerogative powers as were exercisable’ prior to Independence on 18 April 1980, the President has ‘such powers as are conferred on him by this Constitution or by or under any Act of Parliament or other law or convention’ (s31H(3)). His constitutional authority, which contains a marked element of personal patronage, includes: accrediting diplomats; entering into international treaties, conventions and agreements; proclaiming and terminating martial law; declaring war and peace; conferring honours and precedence; proroguing and dissolving Parliament; appointing and removing Cabinet Ministers, deputy ministers and provincial governors; assigning ministerial functions; selecting Vice-Presidents; 16