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MNANGAGWA REMINDED TO APPOINT MINISTER OF STATE SECURITY (14/11/2024)

HON. A. GUMBO: Thank you very much Mr. Speaker Sir. My statement of national importance arises from the Constitution of the land. And I will make particular reference, Mr. Speaker Sir, to Section 225 of the
Constitution of Zimbabwe.

HON. A GUMBO: For the benefit of those who might not be in the know of the said section, I will so read. Section 225 of the Constitution Hon. Speaker, stipulates that the President must appoint a Minister to be responsible for any intelligence service and that is part four of the Constitution of the land.

HON. A GUMBO: Now, Mr. Speaker Sir, it is common knowledge that when several appointments of Ministers of Government were gazetted and assignments were attributed to the different Ministers of State in the President's Office, there was never mention of an appointment of a Minister in charge of or responsible for intelligence service in this country.

HON. A GUMBO: The last Minister who served in that
portfolio was Minister Ncube, and this is a matter of public knowledge. Now, Mr. Speaker, Section 225 of the Constitution places a peremptory obligation on the President.

HON. A GUMBO: It uses the word ‘must’ and what that means is that the President must not exercise a choice as far as fulfilling that obligation is concerned. Of course, he may exercise his choice as far as who he appoints to the said Minister.

HON. A GUMBO: So, it is very clear as it stands and as things stand now, we are one year after the election and we are in the second session of the 10th Parliament, still to date, no single Minister has come into this House with or carrying the responsibility of National and State Security.

HON. A GUMBO: Now, this is an abrogation of a constitutional nature. The consequences of which are dire, Mr. Speaker, at the core of our function as Parliament is to observe and safeguard the Constitution of the land.

HON. A GUMBO: So, it is imperative and it is
incumbent upon this Parliament because of this derogation of a constitutional obligation Mr. Speaker.

HON. A GUMBO: Now, this abrogation of a constitutional obligation, Mr. Speaker, threatens the fulfilment or the honouring of other constitutional obligations and if this House is to turn a blind eye to a critical constitutional obligation that is not being fulfilled by the President, what happens Mr. Speaker?

HON. A GUMBO: Indeed, I will wind up Mr. Speaker Sir. Standing Order Number 62 allows us to make a statement. A statement encapsulates a bit of
debate because it is an expression of my thoughts on the particular issue raised.

HON. A GUMBO: So, I cannot be prevented from debating. Anyway, I will get to the point I sought to make. Where a constitutional obligation has not been
fulfilled…
THE ACTING SPEAKER: Thank you Honourable.
HON. GUMBO: But Hon. Speaker, I have not dealt with the conclusion

THE ACTING SPEAKER: Yes, you see when you referred to the Standing Order Number 62, it gives you a minute to make a statement.

HON. GUMBO: I was interrupted by the point of order…
THE ACTING SPEAKER: Yes, I think I have actually given you more than a minute.

HON. GUMBO: No, no, no, Mr. Speaker, I was calculating. When you stopped me, it was at 30 seconds.

THE ACTING SPEAKER: Okay, can you finish the remaining 30 seconds then.

HON. GUMBO: Thank you Mr. Speaker. Now, it is incumbent upon this Parliament to preserve the integrity of the superior law of the land. This is
not a partisan issue but this is an issue which affects every Zimbabwean in this country.

HON. A GUMBO: We have a privilege as Members of Parliament to address Ministers of State and Ministers of Government who come into this House on national
issues.

HON. A GUMBO: So, in the absence of a Minister of National Security in this country, there are serious national security questions. We are unable to interrogate and demand answers from the Executive.
That goes to the heart and the core of our role of oversight. So, Mr. Speaker Sir, we put...
*HON. ZVAIPA: Point of order! Point of order!

THE ACTING SPEAKER: What is your point of order?
*HON. ZVAIPA: My point of order is that Hon. Gumbo is talking about a pertinent issue of national interest. He has exceeded his time limit. I, therefore, move that his time be extended by another five minutes.
[HON. MEMBERS: Inaudible interjections.] – Motion put and negatived.

THE ACTING SPEAKER: Hon. Gumbo, your point of national interest is noted. However, we must remind each other that it is the President's prerogative to appoint Ministers. What you said Hon. Gumbo has been taken note of. Thank you.

HON. GUMBO: Point of clarity Mr. Speaker on your ruling. Just a point of clarity.

THE ACTING SPEAKER: From whom?

HON. GUMBO: Arising from the ruling you have made.
THE ACTING SPEAKER: Yes, I have just said your point of national interest has been noted.

HON. GUMBO: I seek clarity on the second part…

THE ACTING SPEAKER: On the second part where we said the prerogative to appoint Ministers..

HON. GUMBO: Yes, I seek clarity on that.

ACTING SPEAKER: Is it on the President? – [HON. GUMBO: I seek clarity.] - What clarity? Do you appoint Ministers? –

[HON. GUMBO: Is it your point Mr. Speaker that the President has the prerogative to violate the Constitution?] -

THE ACTING SPEAKER: I did not say that. – [HON. GUMBO: But that is what you are saying. When you say...] – Hon. Gumbo! Hon. Gumbo! You know I like the way you project yourself and speak. I am not fighting
with you. I am only telling you that the prerogative to appoint Ministers in Zimbabwe lies with the President. You have raised this point. Even the point that you are raising, you are raising it so that the President acts. Is that okay? You are raising the point so that the President acts. He appoints a Minister.

HON. GUMBO: Indeed, the President must act. The Leader of Government Business must relay this message.

THE ACTING SPEAKER: That is why I said it is noted.
Thank you. – [AN HON. MEMBER: It is an impeachable offence.] - Who is speaking when they have not been recognised by the Chair? Hon. Hlatywayo
is that true? Okay –

[HON.?? HLATYWAYO: It is not true, it is not true.] -