President Emmerson Mnangagwa’s pick for the Home Affairs Minister, Cain Mathema, is illegally carrying out ministerial duties, legal experts said on Friday.
Mathema has not been sworn-in as a Member of Parliament and therefore cannot take up the appointment, lawyers said.
Mnangagwa, in what was later described as an “oversight”, appointed one more than his constitutionally allowed five appointees from outside Parliament when he named his Cabinet in September.
Section 104(3) of the constitution allows the President to appoint an additional five ministers from outside Parliament “for their professional skills and competence.”
In a Cabinet announced on September 7, Mnangagwa named six instead – Kirsty Coventry (Youth, Sports and Arts), Mthuli Ncube (Finance), Obadiah Moyo (Health), Professor Amon Murwira (Higher Education), July Moyo (Local Government) and Cain Mathema (Home Affairs).
While five of his appointees have already been sworn-in as Members of Parliament on September 11, Mathema is still waiting his turn after Mnangagwa forced Obert Mpofu to give up his Matabeleland North Senate seat for Mathema.
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