alone appoints a tribunal whose recommendations he takes into consideration on whether to
dismiss or retain the member of the judiciary concerned. His power to appoint this tribunal is
not checked by anyone.
Where concerns arise on the suitability of the attorney general, the president appoints a
tribunal, whose recommendations he takes into account on whether to dismiss or retain the
attorney general. Again, his power to appoint this tribunal is not checked by anyone.
The president can deploy the army within Zimbabwe without any consultation.
The table below examines how the COPAC draft deals with the aforementioned unchecked powers of
the president.
Lancaster House
COPAC draft
Section 31 H of the Lancaster House Executive authority vests in the
constitution
reposes
executive president and cabinet. Executive
authority is derived from the
authority in the president alone
people.
Remarks
The COPAC draft introduces
a
principle
that
the
president has to consult the
cabinet as he now shares
executive authority with the
cabinet.
Section 32 (1) gives the president Section 5.1 (2) gives the The president’s authority to
legislative authority to make primary president legislative authority.
make primary legislation
seems to have been
legislation
retained.
Section 31 H (3) gives the president The entire draft constitution,
including section 5.23 does not
prerogative powers.
mention of any prerogatives but
mentions that the president has
powers conferred by the
constitution and any Act of
parliament or other law.
Section 34 allows the president to
directly and single handedly appoint a
total of 15 senators [five in terms of
section 34.1 (e) and the ten governors
who are appointed into Senate in
The COPAC draft limits the
president’s authority to
those powers given by the
constitution and legislation.
Governors are no longer The president’s influence
appointed by the president, over
the
senate
is
while the chiefs are required to tremendously reduced.
refrain from partisan politics
7