John Nkomo, Flora Bhuka and Sylvester Nguni from Zanu (PF) have made it to become Ministers in the extra-legal expansion of the Cabinet.

From the MDC it was Sekai Holland, and Gibson Sibanda, completing what some analysts have said is a gravy-train administration and others said was an inevitable consequence of such a negotiated agreement.

Ministers of State (clockwise) Sekai Holland of MDC-M, John Nkomo of  Zanu (PF), Gibson Sibanda of MDC-M and Sylvester Nguni of Zanu (PF).

Five extra Ministers of State (3 for ZANU-PF, 1 for MDC-T and 1 for MDC-M) were sworn in last week, including the MDC co-Minister of Home Affairs, Giles Mutsekwa, who was out of the country when called to be sworn in on February 13February.

This is an increase of 10 over the 31 that are provided for in the inter-party political agreement and in the Constitution, Schedule 8 which specifies only 31 Ministers.

Analysts say there seems to be a wrong impression that Ministers of State do not count as Ministers. Neither the agreement nor the Constitution make provision for Ministers of State as a separate category.

There is no legal basis whatsoever to consider them as anything other than Ministers, and therefore also costing the ficus as much as ministers.

Twenty Deputy Ministers were sworn in despite the fact that the agreement and the Constitution (Schedule 8)specify that there shall be 15 Deputy Ministers (ZANU-PF 8, MDC-T 6, MDC-M 1).

Ten were ZANU-PF, eight MDC-T, and one MDC. Roy Bennett, the MDC-T nominee for Deputy Minister of Agriculture, Mechanisation and Irrigation Development, was on the list but not present, because he a guest of the state in a Mutare prison, accused of planning to kill Robert Mugabe.

ZANU-PF Deputy Ministers have been assigned to Ministries headed by MDC-T or MDC-M Ministers. MDC-T and MDC-M Deputy Ministers have been assigned to Ministries headed by ZANU-PF Ministers. (See list below).

The following ZANU-PF Ministries do not have Deputy Ministers – Defence; Lands and Rural Resettlement; Agriculture, Mechanisation and Irrigation Development; Environment and Natural Resources; Small and Medium Enterprises and Cooperative Development; Tourism and Hospitality Industry.

The following MDC-T Ministries do not have deputies – Finance; Information Communication Technology; Housing and Social Amenities; Constitutional and Parliamentary Affairs; Science and Technology; Water Resources and Development. All the MDC-M Ministries have Deputy Ministers. There is no Deputy Minister to the co-ministers of Home Affairs.

But accommodating all the political considerations of the negotiators has resulted in an increase of 10 ministers to 41 and five deputy ministers to 20.

The constitutionality/legality of too many appointments is obviously questionable. The parties seem to have acted on the basis that Article 6, being part of an agreement, can simply be changed by further agreement between the parties.

But Article 6 is no longer just part of an agreement. When Constitution Amendment No. 19 became law on 13th February, Article 20 was incorporated into the Constitution in Schedule 8. And the notion that a constitutional provision can be flouted simply by agreement between political parties goes against all established tenets of constitutional democracy.

This lays the actions of the inflated government open to challenge in the High Court or Supreme Court.
The Executive now numbers 67. In addition to the Ministers (41) and Deputy Ministers (20) there are the President, two Vice-Presidents, the Prime Minister and two Deputy Prime Ministers (6).

This is a large burden for a small country (estimated population now about 8 million with probably over 95% of its people below the poverty datum line)to bear.

Cabinet Members
Cabinet members total 43. There are 42 voting members (ZANU-PF 21; MDC-T 17; MDC-M 4) and one non-voting member. The Cabinet comprises:
· the President and 2 Vice-Presidents

· the Prime Minister

· 2 Deputy Prime Ministers – both Deputy Prime Ministers took the Cabinet member’s oath on 11th February, so they must have been appointed to the Cabinet (Note: the IPA and Constitution do not specify that they are Cabinet members)

· 36 Ministers – the 35 Ministers sworn in on 13th February all took the Cabinet member’s oath, as did Giles Mutsekwa, sworn in yesterday as co-Minister of Home Affairs

· the Attorney-General (ex officio and the only non-voting member of Cabinet – Constitution section 76)
The five Ministers of State appointed yesterday were not sworn in as members of Cabinet. The Ministers of State sworn in on 13th February (Mutasa and Sekeremayi) did take the Cabinet oath and are members of Cabinet. Deputy Ministers are not members of Cabinet.

Size of Cabinet also Unconstitutional?
The Cabinet consists of four ex officio members (the President as Chairman, both Vice-Presidents, and the Prime Minister as Deputy Chairman) and Ministers appointed by the President.

As both the agreement and the Constitution say there shall be 31 Ministers, it is implicit that there must not be more than 31 Ministers in Cabinet. As 36 have been appointed this makes five appointees unconstitutional, although which five may be difficult to ascertain.

Some legal opinions suggest that, as Deputy Prime Ministers are not specified as ex officio members of Cabinet, their appointments should come out of the total of 31 Ministers, leaving only 29 Cabinet seats for other Ministers, making 7 of the present 36 Cabinet Ministers unconstitutional.

Ministers and Deputy Ministers Sworn in on 19th February

Ministers

ZANU-PF Ministry

Extra Ministers of State (3)

1. John Nkomo (Appointed Senator) Minister of State in President's Office (healing organ)

(Speaker of last Parliament,

Minister in previous governments)

2. Flora Bhuka (MP Midlands) Minister of State in Vice-President Msika's office

(Minister in previous governments)

3. Sylvester Nguni (MP Mash West) Minister of State in Vice-President Mujuru's office

(Minister in previous government)

(Note: two former Ministers who were among those called to be sworn in as Ministers on 13th February but turned away, have not been accommodated. They are David Parirenyatwa, former Minister of Health and Child Welfare, and Paul Mangwana. former Minister of State for Indigenisation and Empowerment.)

MDC-T Ministry

Extra Minister of State (1)

Sekai Holland (Elected Senator Harare) Minister of State in Prime Minister's Office (healing organ)

New parliamentarian

MDC-M Ministry

Extra Minister of State (1)

Gibson Sibanda (no parliamentary seat) Minister of State in Deputy Prime Minister Mutambara's Office (healing organ)

Previous parliamentarian

Deputy Ministers (19)

ZANU-PF (10) Ministry

MPs in previous Parliaments

1. Douglas Mombeshora (MP Mash West) Health and Child Welfare

2. Tracy Mutinhiri (MP Mash East) Labour and Social Welfare

3. Lazarus Dokora (MP Mash Central) Education, Sports, Art and Culture

Deputy Minister in previous government

4. Samuel Udenge (MP Manicaland) Economic Planning and Development

Minister in previous government

5. Hubert Nyanhongo (MP Harare) Energy and Power Development

6. Reuben Marumahoko (Elected Senator Mash Central) Regional Integration and International Co-operation

Andrew Langa (MP Mat South) Public Service

7. Aguy Georgias (no seat in parliament) Public Works

Deputy Minister in previous government

First time MPs

8. Walter Chidhakwa (MP Mash West) State Enterprises and Parastatals

9. Mike Bimha (MP Mash East) Industry and Commerce

MDC-T (8)

MPs in previous Parliaments

1. Moses Mzila Ndlovu (MP Mat South) Foreign Affairs

2. Evelyn Masaiti (MP Harare) Women's Affairs, Gender and Community Development

3. Murisi Zwizwai (MP Harare) Mines and Mining Development

First time MP’s

4. Jameson Timba (MP Harare) Media, Information and Publicity

5. Jessie Majome (MP Harare) Justice and Legal Affairs

6. Thamsanqa Mahlangu (MP Bulawayo) Youth Development, Indigenisation and Empowerment

7. Dr Tichaona Mudzingwa (no seat in Parliament) Transport and Infrastructural Development

8. Cecil Zvidzai (no seat in Parliament) Local Government, Urban and Rural Development

MDC-M (1) Ministry

Lutho Addington Tapela (Elected Senator Mat South) Higher and Tertiary Education

New parliamentarian

Roy Bennett of MDC-T (no parliamentary seat), Deputy Minister designate of Agriculture, Mechanisation and Irrigation Development, was not sworn in.