1. The question of limited presidential powers
Concerns have been raised by civil society and pro-democracy actors in Zimbabwe that one of the
contributing factors to the Zimbabwe crisis has been the fact that the president enjoys excessive
unchecked powers. In terms of the current constitution of Zimbabwe, the following are some of the
powers that the president enjoys and exercises without effective restraint from any other arm of
government.
Section 31 H of the Lancaster House constitution reposes executive authority in the president
alone.
Apart from executive authority which he enjoys alone, Section 32 (1) gives the same president
legislative authority. By virtue of section 32 (1), the president has full authority to enact primary
legislation.
Apart from the written functions and powers in the constitution and legislation, Section 31 H
(3), gives the president prerogative powers. This effectively means that the president has some
powers outside those that are given to him by the people through legislation and the
constitution.
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 terms
of section 34.1 (b)]. Given that the Chief’s Council has been partisan (showing signs of belonging
to ZANU PF) and yet they appoint 18 chiefs into parliament, this gives the president’s party 33
senatorial seats before the results of the senatorial elections are counted.
The president single handedly appoints five of the six members of the Judiciary Services
Commission (JSC) and these are the attorney general, the chairperson of the Public Services
Commission and the three other persons that are appointed in terms of section 90 (1) (d). The
JSC is in turn responsible for making recommendations to the president on the appointment of
the chief justice, deputy chief justice, judge president and other judges of the High Court as well
as the Supreme Court and the attorney general. Thus the president controls the JSC which is
responsible for the appointment of key state officials.
Section 111 A gives the president the power to appoint provincial governors without consulting
anyone or being checked by anyone.
The president has the power to appoint the attorney general (AG) in consultation with the
Judiciary Services Commission, of which he single handedly appoints 5/6 members of the
Judiciary Services Commission. Therefore, the president controls the JSC which he is supposed
to consult in appointing the AG.
In all the circumstances listed under section 87, where the question of investigating the
suitability of a judge arises or that of the judge president or the chief justice, the president
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