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

Select target paragraph3