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| - CLAIM: Cabinet was dissolved, therefore it is unclear in what capacity the former Justice minister Ziyambi Ziyambi is throwing a tantrum.
SOURCE: X, formerly Twitter
VERDICT: False
One of the questions that arise with the holding of elections is around the tenure of Cabinet ministers and deputy ministers.
Is cabinet dissolved at the time of the dissolution of parliament? What happens if there is a runoff? Does it mean that there is a vacuum for a whole month as the country waits for a new presidential term to begin?
Journalist, Brezhnev Malaba, posted on X, formerly known as Twitter, on 25 August, that Zimbabwe’s cabinet was dissolved. The post reads, “Wait a minute…Cabinet was dissolved, therefore it is unclear in what capacity the former Justice minister Ziyambi Ziyambi is throwing a tantrum. It is difficult to reconcile Ziyambi’s war talk with the posture of a victor. Only losers come out swinging in such a wild manner.”
This was in response to the press conference addressed by the minister following the release of various observation mission reports on Zimbabwe’s harmonised elections held on 23 August 2023.
Another user, Makomborero Haruzivishe, also posted asking the same question, “They think they are still in control but WE ARE IN CHARGE! Elections observer missions call out @ZECzim’s shenanigans and ZanuPf comes out guns blazing in response; Is Mutsvangwa now ZEC spokesman? Is it even legal for Ziyambi Ziyambi to remain in power during elections?”
The tenure of ministers and deputy ministers is dealt with in Section 108 of the Constitution:
108. Tenure of office of Ministers and Deputy Ministers
- The office of a Minister or Deputy Minister becomes vacant–
- if the President removes him or her from office;
- if he or she resigns from office by written notice to the President;
- upon the assumption of office by a new President.
2. Subject to subsection (4), a Minister or Deputy Minister who was a Member of Parliament on appointment as Minister or Deputy Minister vacates his or her office as such upon ceasing to be a Member of Parliament.
3. Subject to subsection (4), a Minister or Deputy Minister who was not a Member of Parliament on appointment as Minister or Deputy Minister vacates his or her office as such if circumstances arise that would result in his or her seat becoming vacant were he or she a Member of Parliament.
4. Subject to this Constitution, in the event of a dissolution of Parliament, Ministers and Deputy Ministers continue to hold office as such until the President-elect assumes office after a general election.
This means that cabinet is not dissolved with Parliament. Ministers remain in office until a President-elect assumes office.
Conclusion
Ziyambi Ziyambi remains Justice minister until a new President is sworn in. While Parliament is dissolved ahead of elections, cabinet is not. The office of a cabinet minister becomes vacant when a new president is sworn in. Therefore, the claim that cabinet was dissolved is rated as false.
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