consultation with the Judiciary
Services Commission, of which he
single handedly
appoints
5/6
members of the Judiciary Services
Commission.
attorney
general
without
consulting anyone. However the
attorney general’s functions are
restricted to being the chief
legal adviser to the government.
He or she no longer has
prosecutorial authority.
consulting anyone, the AG is
no longer part of or in
control
of
public
prosecutions. This reduces
the risk of the AG’s office
being used to persecute
political opponents through
unnecessary prosecutions.
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 on
his own appoints a tribunal whose
recommendations he takes into
consideration on whether to fire or
retain the member of the judiciary
concerned.
Section 8.26 empowers the
president to appoint 2 of the
three members of the tribunal
that will investigate the judge
concerned.
Even under the COPAC draft,
the president is still wielding
too much control over the
appointment of the tribunal,
thereby undermining the
independence
and
objectivity of the tribunal in
its investigations.
Where circumstances arise on the The COPAC draft empowers the
suitability of the attorney general, the president to dismiss the AG at
president appoints a tribunal, whose any time.
recommendations he takes into
account on whether to fire or retain
the attorney general.
This is reasonable given that
the AG’s mandate is now
limited to being the chief
legal
advisor
to
the
government.
Thus
the
government is allowed to
hire and fire its own lawyer.
The president can deploy the army Section 11.9 requires that the
within Zimbabwe without consulting president
promptly
and
anyone.
sufficiently inform parliament
on deployment of the soldiers
within Zimbabwe, giving reasons
for their deployment, where
they are deployed and for how
long.
This introduces the idea of
transparency
in
the
deployment of the military
and allows parliament and
the public to monitor such
deployments to prevent
undercover
military
operations that usually
result in human rights
violations.
There is clearly a substantial realignment of the presidential powers, a constitutional scenario that is
likely to open space for the independent and professional exercise of state authority by the other three
arms of government.
9