Source: Mugabe abusing presidential powers – DailyNews Live
Farayi Machamire 22 September 2017
HARARE – President Robert Mugabe might have acted contrary to the
Constitution when he invoked Presidential Powers, which could render his
action null and void, constitutional law experts said yesterday.
This comes after Mugabe last week invoked presidential powers to amend the
Electoral Act and to stay the attachment and sale in execution of
Chitungwiza Municipality’s property.
The regulations came into force immediately, but will expire after 180
days.
To avoid the regulations expiring, government will now have to bring the
new regulations before Parliament to validate the president’s amendments.
The new Constitution adopted in 2013 proscribed Mugabe from using the
Presidential Powers Act to promulgate law, except where there is proper
and sound justification as to why there is need to use them.
Constitutional law expert Alex Magaisa said the Presidential Powers
(Temporary Measures) Act not only delegates primary law-making power to
the president but was ultra vires the new charter.
“The continued use of the Presidential Powers Act is unconstitutional. The
Electoral Act can only be amended by primary legislation,” Magaisa said on
microblogging site twitter.
“…it’s a toxic precedent. The Presidential Powers Act is
unconstitutional.”
MDC chief whip Innocent Gonese said although the laws were necessary,
Mugabe should respect the Constitution and set an example of adherence to
the rule of law.
“The new constitution is clear on the separation of powers and the role of
Parliament but old habits die hard,” Gonese said.
Law watchdog, Veritas, said it was not correct for Mugabe and government
to continue using repealed sections of the constitution.
“The Presidential Powers (Temporary Measures) Act is unconstitutional in
its entirety and therefore invalid, making regulations under the Act also
invalid.
“But the government does not agree and it has continued to use the Act to
gazette regulations covering a fairly wide range of controversial issues;
it seems determined to treat the Act as valid law until a court decides
otherwise.
“So far, no one has launched a successful legal challenge to the
government’s position. But it is believed that a current High Court
application raises the issue.
Veritas said giving Mugabe sweeping power to enact regulations on anything
which can be covered by an Act of Parliament is a clear violation of the
principle of separation of powers.
“It is true that section 134 of the new Constitution allows Parliament to
delegate power to make statutory instruments such as regulations but,
unlike the old constitution, the section places severe restrictions on any
such delegation.”
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