Constitution Watch 9/2017
After impeachment, what then?
20 November
CONSTITUTION WATCH 9/2017
[20th November 2017]
After Impeachment, What Then?
Introduction
At its extraordinary meeting yesterday, the Central Committee of the ruling ZANUPF party resolved that if President Mugabe did not resign before midday today, the
party’s chief whip should institute proceedings in Parliament for his “recall”, i.e. for
his impeachment in terms of section 97 of the Constitution. That deadline has
passed and the President has not submitted his resignation to the Speaker of
Parliament. An impeachment motion has accordingly been filed with the papers
office in Parliament.
In Constitution Watch 8/2017 of the 19th November we outlined the procedure for
impeaching a President under section 97 of the Constitution. In this Constitution
Watch we shall indicate what can and should be done after Parliament has
completed impeachment proceedings and resolved that the President should be
removed from office.
[We shall not speculate on whether the movers of the motion will be able to muster
the two-thirds majority of both Houses needed to impeach Mr Mugabe. That is a
political question. We simply point out that ZANU-PF has 249 out of a total current
membership of 347 members of the Senate and the National Assembly combined,
and can normally count on the votes of the 18 Senator chiefs. See attachment for
details.]
Effect of Impeachment : Removal of President
Once the Senate and the National Assembly, sitting jointly, have passed a resolution
that the President should be removed from office, he immediately ceases to hold
office in terms of section 97(3) of the Constitution. The passing of the resolution
removes him from office without further ceremony or notice.
Who Takes Over?
What the Constitution says
If the President ceases to hold office, the question of who takes over is determined
by paragraph 14 of the Sixth Schedule to the Constitution. Under this paragraph the
Vice-President takes over until the President’s political party – i.e. ZANU-PF –
nominates a new President and notifies the Speaker of its choice. The party has 90
days within which to make its nomination. The nominee is then sworn in as
President and holds office until the next general election.
What is likely to happen in practice
In trying to work out a likely scenario we must remember that at its meeting
yesterday the ZANU-PF Central Committee declared Mr Mnangagwa to be the
party’s candidate for President. So the party does not have to wait for its congress
in December to make a nomination. It has already done so.