THE PRESIDENT AND RUNNING MATES IN THE DRAFT CONSTITUTION

 

Alex T. Magaisa

 

A new feature in the draft Constitution is that both the President and the Vice Presidents will be elected. The clause introduces a US-style system of a Presidential candidate and a running mate, except that in Zimbabwe there will be two running mates on account of the fact that Zimbabwe will have two Vice Presidents.

 

The new system and the attendant rules have important implications but there can be little doubt that the provision for two VPs will be hotly debated for the reason that it increases the size of government. As one reader, Talkmore expressed his bewilderment:

 

 “I just don’t get it. China, 1,4 billion people and $5 trillion economy – one President and one Prime Minister; USA, 300 million people, $15 trillion economy – one President and one VP; Japan, one Prime Minister, one Deputy PM, $5 trillion economy, 130 million people. South Africa – one President and one VP, 50 million people … and Zimbabwe, 13 million people, $8 billion economy – One President + and two VPs … Why?”

 

Talkmore is probably not alone in worrying about the size of government and cost implications of having two VPs. The responsible authorities probably have a persuasive explanation for this model.

 

The system is different from the existing position in that under current Constitution in that it is not a requirement that there should be two VPs whereas under the new Constitution it would be a mandatory requirement. Section 31C of the current Constitution is written in language that makes it optional to appoint two VPs. It states in paragraph (1) that “There shall be not more than two Vice-Presidents of Zimbabwe, who shall be appointed by the President”. This does not mean there must always be two VPs. The clause simply places a cap on the number of VPs that may be appointed. Of course in practice, the two VP slots have always been occupied.

 

This two VP model is a legacy of the politics surrounding the Unity Accord between the old ZANU PF and the old PF ZAPU in 1987, although the amendment to introduce the system was enacted through Constitutional Amendment No. 10 in 1990. The politics of the day, culminating from the conflict between the two political parties and motivated by the object of balancing representation in the top leadership of the united ZANU PF party meant Mugabe retaining the Presidency of ZANU PF while accommodating his old foe, Joshua Nkomo without at the same time upsetting the old ZANU PF structures.

 

That accommodation was found partly by creating a dual VP system in the party. Since, in the political thinking of the day, the party was the state and the state was the party, the party structure was naturally replicated at national level. Ever since, the pattern has been clear that one VP comes from the old PF ZAPU wing and the other from the old ZANU PF wing.  This model was built around the preposterous thinking that Zimbabwe would be ruled permanently by ZANU PF. This is partly the reason why the GPA that gave birth to the current GNU had to create a separate structure of the Prime Minister’s Office – this time to accommodate the new player, Morgan Tsvangirai, who could not be wished away.  And responding to political convenience is why the GNU is the largest government that Zimbabwe has ever had.

 

But why would the legacy of political battles between ZANU PF and the PF ZAPU be retained to define the state’s constitutional structures? One reason could be that as a negotiated document, itself being a game of “give and take”, this is merely one of those issues that were given away in return for another. Another reason could be that the politics of regional and ethnic balancing is not unique to ZANU PF; that balancing ethnic considerations between the North and the South is a key feature of Zimbabwe’s political landscape; a consideration which no national political party can ignore. It is designed as a unique political solution, however flawed, to a unique political problem.

 

If this is the thinking, then the cost of having two VPs in money terms may have been regarded as being less than the cost that would be incurred by upsetting the regional and ethnic equation. But all this is an attempt at rationalising what the authorities should really be explaining to the people so that there is clarity, even if there is no agreement.

 

The two VPs will not be equal in status. There will be a First VP and a second VP. As we shall observe, this hierarchy is important for legal and administrative purposes.

 

First, it means that whenever the President is temporarily out of office, it is the First VP who automatically takes over (Clause 5.13). Therefore, when the President travels to Singapore, the First VP will be the Acting President. This is different from the current Constitution where the system can be complex, uncertain and easily manipulated.

 

Second, it also means that in the event of the office of the President becoming vacant, the line of succession is clear because the First VP takes over (Clause 5.14). The system will be the same was what happened early this year in Malawi when President Banda succeeded President wa Mutharika upon his demise. The President’s office can become vacant through death, resignation or removal from office. This clarity is certainly better than the present position which is mired in serious confusion.

This system will have at least two important political implications:

 

First, even though the dual VP system may be regarded as a regional and ethnic balancing instrument, the fact that there is a clear hierarchy between the two VPs makes it a blunt instrument because whoever occupies the second spot will be the inferior one. The dual system works for the politics of ethnic and regional balancing if the two are equal in status. This political solution to a political problem might therefore backfire if one region or ethnic group is always confined to the second VP spot.

 

Second, the system pushes political parties to set clear their lines of succession. A perennial, almost nauseating issue is the succession politics in political parties which is played and replayed many times in various tunes by the media. With a system that requires the Presidential candidate to nominate his first and second running mates, with the possibility that the first running mate will become the first VP and the first in line to succeed the President, the nomination of the first running mate will be an important signal on who the preferred successors are.

 

In conclusion, this is clearly a key change in the system of running elections and selecting the presidium. The VPs must be elected along with the President. The new system is clearer on succession than the present. However, the purpose of having two VPs will be challenged and hopefully, the authorities will have ready and persuasive explanations for having adopted this system.

 

waMagaisa (2012)

 

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