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Dr Chimedza

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A Constitutional provision that legislators who hold posts in state bodies lose their seats if they do not resign within 30 days of winning political office does not affect anyone in the Eighth Parliament as it emerged yesterday that all legislators resigned on time.The new Constitution stipulates that failure to resign from the post within 30 days automatically means that the seat one holds becomes vacant triggering by-elections.

The Zimbabwe Electoral Commission declared winners in the National Assembly elections between August 1-3 and Members of Parliament elected were expected to resign from the institutions within 30 days, meaning by August 30.

It emerged yesterday that MPs who held positions in public entities among them Zimpapers where Government, had tendered their resignations.

Health and Child Care Deputy Minister Dr Paul Chimedza confirmed he had relinquished his post as Zimpapers board chairman.
Dr Chimedza, who was also Transmedia board chairman, contested and won the Gutu South National Assembly seat.

“We were aware of that provision and I resigned from both entities. I resigned from Zimpapers with effect from August 30 and you can check with your company secretary for the records,” he said.

“Other board members who fall in the same category with me, that is Dr Munyaradzi Kereke and Retired Brigadier Walter Kanhanga, have also resigned and on the actual dates they resigned you can check with your company, but they did it within the stipulated timelines.”
Cde Kanhanga, who romped to victory in Guruve North said he was no longer part of the Zimpapers board.

“I have resigned as a board member and I tendered my resignation through the then board chairman Dr Paul Chimedza. Records are there for everyone to see,” he said.

Dr Kereke could not be reached for comment yesterday. Zimpapers chief executive Mr Justin Mutasa also confirmed the development yesterday.

“I can confirm that the three of them tendered their resignations within the stipulated timeframe and I saw the letters,” he said.
Other legislators, who resigned from State enterprises way before the harmonised elections were held.

These include Ambassador Christopher Mutsvangwa, who was Minerals Marketing Corporation of Zimbabwe board chairman; Cde Supa Mandiwanzira (Zimbabwe Mining Development Company board member), Cde Tongai Muzenda, also an MMCZ board member.

Colonel Tshinga Dube, who was the chairman of Marange Resources, which is wholly owned by ZMDC, and Cde Godwills Masimirembwa, the then ZMDC board chairman, also resigned before the polls although they lost the elections.

Section 129 Subsection (1) of the new Constitution, which looks at the tenure of seat of Member of Parliament, states that the seat of a Member of Parliament becomes vacant: (g) if the Member accepts public office or office as a member of a statutory body, Government-controlled entity, provincial or metropolitan council or local authority or employment as an employee of a statutory body, provincial or metropolitan council or local authority;

(h) if the Member was a public officer or a member or employee of a statutory body, a Government-controlled entity, a provincial or metropolitan council or a local authority on the date he or she was declared as a Member of Parliament, and he or she fails to relinquish that office, membership or employment within thirty days after that date.”

The Sixth Schedule Part 2 on the Commencement of This Constitution and Repeal of Former Constitution further affected these MPs.
Part 2 of the Sixth Schedule on Commencement of this Constitution, subsection 3 (1) states that: “This Schedule, together with:

“(d) Chapter 6, relating to the election of Members of Parliament and the summoning of Parliament after a general election . . . come into operation on the publication day.”

Harare lawyer Mr Terrance Hussein said just Section 129 subsection (1) (g) and (h) were very clear that the MPs who have not yet resigned from any Government-controlled entity had lost their seats.

“The provisions above are very clear and if there are any MPs who have not resigned from such bodies, then their seats are already vacant.

“This applies to MPs who still hold positions on parastatals like Zinara, Zimra, ZBC, Nssa, Air Zimbabwe and even institutions like Zimpapers because Government has some control.

The provision is that if one doesn’t resign within 30 days after he or she is declared the winner, the seat becomes vacant.
“It’s as simple as that,” said Mr Hussein.