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 Zimbabwe Prime Minister Morgan Tsvangirai does not have constitutional powers to remove police chief Augustine Chihuri and Defence Forces Commander Constantine Chiwenga from office, even though the power-sharing Global Political Agreement (GPA) allows him to have a say in their appointments, a research think-tank has said.
Tsvangirai’s MDC and the breakaway MDC faction led by Industry minister Welshman Ncube are pushing for the appointment of a new Commissioner-General of Police and a new head of the Defence Forces when the terms of the incumbents Augustine Chihuri and Constantine Chiwenga expire.
But it has since emerged that the power to remove the Commissioner-General and the Commander of the Defence Forces from office is that of the Commander-in-Chief alone or the President, and he may do so “for any reason” — though in so doing must consult with Cabinet.
Prime Minister Tsvangirai has openly declared that Chihuri, who joined the law-enforcement agency at independence as a patrol officer, and Chiwenga, who joined the army as a private under the name Dominic Chinenge in 1980, must be relieved of their duties, claiming the two men’s close links to Zanu PF have led to politicisation of security organs.
In a report titled: Zimbabwe’s Security Sector — Who Calls the Shots, Derek Matyszak of Harare-based think-tank, the Research and Advocacy Unit, says the Prime Minister lacks the legal powers to enforce what he wants.
“With the agreement of the Prime Minister, the President appoints the Commissioner-General of Police, who has general command of the Police Force,” says the report. “The power to remove the Commissioner-General from office is that of the President alone, and he may do so ‘for any reason’ — though in so doing must consult with Cabinet and must cause Parliament to be informed as soon as is practicable of the removal,” states the report.
The report says Mugabe has broadly defined powers in relation to the dismissals that Tsvangirai doesn’t enjoy.
The power-sharing Global Political Agreement (GPA) mandates Mugabe to consult Tsvangirai when making senior appointments.
Article 20.1.3(p) of Schedule 8 to the Constitution -- which overrides any provisions elsewhere in the Constitution to the contrary -- requires that any appointment made in terms of the Constitution, as in the case of the Commander of the Defence Forces, or appointment in terms of any Act of Parliament, as in the case of the Commanders of the Army or Air Force, be made only after the consent of the Prime Minister has been first secured.
But the President has largely retained his wide sweeping powers that the Prime Minister doesn’t enjoy, including the power to appoint any person to a commissioned rank and the exclusive power to appoint or promote any person to a rank above major or squadron leader. In other words, the PM might have a say in the hiring process if Mugabe strictly follows the GPA, the power to hire not to fire.
“Similarly, provided due process has been followed, he (Mugabe) has the exclusive power to cancel the commission of any (army) officer who must then be discharged by the Commander of the Defence Force,” states the report.
“Resignations of officers require the acceptance of the President, before the member may be relieved of his or her duties, unless the minister exempts the member from obtaining presidential approval. The President may place any commissioned officer on a ‘retired list’, who then, notwithstanding such retirement, is entitled to retain his or her rank and to wear his or her uniform on ‘appropriate occasions’.”
The current Commander of the Defence Forces, Chiwenga, was appointed to replace the ailing Vitalis Zvinavashe in January of 2004, and Philip Sibanda was appointed to replace him as Commander of the Army.
Their terms were renewed in January 2008 before the provisions requiring the consent of the Prime Minister had been enacted.
The reappointment of the Commander of the Air Force, Perence Shiri will also fall due in September 2012, and the same considerations apply.
Chihuri, an ex-combatant who received his military training at Mgagau in Tanzania and operated in the Mt Darwin area, took over command of the police force from Henry Mukurazhizha in 1991 as acting commissioner and eventually became substantive commissioner in 1993.
Mugabe promoted him to Commissioner-General in 2008 and extended his tenure by four years. Mugabe has repeatedly renewed his term, and is likely to do so again without consulting Tsvangirai, authoritative official sources say.
Since 2000, Chihuri and his police force have faced criticism for alleged political bias against opposition parties and what is claimed to be police complicity in systematic violation of rights to freedom of expression, association and assembly.
Official sources say the top police echelons have become deeply embedded in Zanu PF politics that they are preoccupied with it, penetrated by it and now participate individually and collectively in it.
A senior police source said yesterday: “His (Chihuri) term is being renewed. The PM doesn't have power to stop the extension, even your minister (Theresa Makone). You know Tsvangirai doesn’t have power don’t you? I can tell you Mugabe has full confidence in the Commissioner-General.”
Sources say President Mugabe’s nephew, Innocent Matibiri, who has the distinction of being one of the only two senior police officers to get to the top without serving at the rank of senior assistant commissioner, was girding his loins to take over, but Chihuri is likely to stay put.
The same goes for Godwin Matanga, a veteran police officer who is the most senior among all the deputy commissioners and a Zanla guerrilla, sources say.
Official sources say Chiwenga, who recently graduated from the University of Zimbabwe with a Masters Degree in International Relations, was harbouring presidential ambitions and is now referred to as “Zim 2”.
He has openly declared support for Mugabe and Zanu PF and was referred to by his subordinates in private briefings with US diplomats as a “political general”.
Matyszak implores the two MDC’s to explore both political and legal avenues to address this security sector poser.
“Amendments to both the Defence and Police Acts can remove the over-weaning power of the presidency, and, similarly, amendments to the National Security Council Act can ensure that the security sector is placed under wholly civilian oversight,” Matyszak says in his report.
“In the advent of a probable election, these are steps that should be given a high priority by Parliament, and all who are concerned that such election is free from interference by partisan state agencies.”‘ - Gift Phiri
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