powers — President or Prime Minister — though an important one, is not so crucial.
If there are too few limits or safeguards on the exercise of executive power then the
country may develop into a dictatorship, whether the power is exercised by a
President or a Prime Minister; too many restrictions, on the other hand, may lead to
governmental paralysis and anarchy.
It is obvious, particularly in the light of Zimbabwe’s history, that constitutional
restraints must be imposed on the powers of the Executive, whether those powers
are exercised by a President, a Prime Minister or a Cabinet of Ministers. The reason
is clear: power tends to corrupt, and absolute power corrupts absolutely. The fewer
restraints there are on Executive powers, the more likely it is that those powers will
be exercised corruptly or in such a way as to violate peoples’ rights, and the more
likely it is that the Executive will try to extend its powers unlawfully.
On the other hand, it is unwise to restrain the Executive too much. The Executive
must be able to govern the country, which means not only managing its day-to-day
affairs but also coping with crises when they occur. The Executive must be able to act
promptly and effectively in a crisis, though not necessarily unilaterally or in such a
way as to violate peoples’ fundamental rights and freedoms. Crises have
overwhelmed even old-established democracies such as France: in 1958 the French
Fourth Republic proved incapable of dealing with the Algerian war and had to give
way to General de Gaulle and the current Fifth Republic. Crises are particularly
dangerous for a young democracy such as Zimbabwe, and the institutions of State
must be strong enough to overcome them.
Where the constitution requires the Executive to co-operate with other branches of
government, it should contain provisions that facilitate such co-operation in order to
avoid governmental paralysis or gridlock like that in the United States between
President and Congress over a budget to deal with the financial crisis of 2008.
So a balance must be struck between an Executive whose powers are limited to
prevent it evolving into a dictatorship and one which has enough power to govern
effectively.
Nature of restraints needed
What sort of restraints should the new constitution impose on the Executive, to give
Zimbabwe an effective government while preserving democracy, separation of
powers and the rule of law?
There are several possible restraints, which may be grouped very roughly under three
broad headings:
• Restraints on the nature of the powers that may be exercised by the Executive.
• Restraints directed at the persons who exercise Executive powers.
• Restraints directed at the way in which Executive powers are exercised.
Extent of Powers over Arms of Government
1. Power over the Legislature
Under this heading falls the President’s power to appoint members of the Senate and
to summon, adjourn and dismiss Parliament.
(a) Power to appoint Senators
The President appoints five Senators directly and an additional 28 indirectly through
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