It was difficult to get the text of the power-sharing agreement in Zimbabwe, but it has been posted at panafricannews.blogspot.com. The details are pretty much as expected. Note, however, from a semi-presidential point of view, that there is no provision for Cabinet responsibility to the legislature.
Art. 20.1.2 (f) states that the Cabinet is collectively responsible for its decisions but does not say who to. Art. 126.96.36.199 then indicates that it is not responsible to anyone: “Ministers and Deputy Ministers may be relieved of their duties only after consultation among the leaders of all the political parties participating in the Inclusive Government”.
There will be a formal amendment to constitutionalise the agreement. However, unless the provisions of the agreement change, then Zimbabwe will not be a semi-presidential country. It will remain a presidential system in constitutional terms. Remember that other constitutionally presidential regimes have prime ministers who are not responsible to the legislature e.g., Guinea.
A process for drawing up a new constitution is outlined. This document may include some provision for Cabinet responsibility, but it may not! So, as things stand, do not add Zimbabwe to the list of semi-presidential countries just yet.
LEGISLATIVE AGENDA PRIORITIES
17. Legislative agenda
17.1 The Parties hereby agree that:
(a) the legislative agenda will be prioritized in order to reflect the letter and spirit of this agreement;
20.1.1 Executive Powers and Authority
The Executive Authority of the Inclusive Government shall vest in, and be shared among the President, the Prime Minister and the Cabinet, as provided for in this Constitution and legislation.
The President of the Republic shall exercise executive authority subject to the Constitution and the law.
The Prime Minister of the Republic shall exercise executive authority subject to the Constitution and the law.
The Cabinet of the Republic shall exercise executive authority subject to the Constitution and the law.
In the exercise of executive authority, the President, Vice Presidents, the Prime Minister, the Deputy Prime Ministers, Ministers and Deputy Ministers must have regard to the principles and spirit underlying the formation of the Inclusive Government and accordingly act in a manner that seeks to promote cohesion both inside and outside government.
20.1.2 The Cabinet
(a) shall have the responsibility to evaluate and adopt all government policies and the consequential programmes;
(b) shall, subject to approval by Parliament, allocate the financial resources for the implementation of such policies and programmes;
(c) shall have the responsibility to prepare and present to Parliament, all such legislation and other instruments as may be necessary to implement the policies and programmes of the National Executive;
(d) shall, except where the Constitution requires ratification by Parliament, or action by the President, approve all international agreements;
(e) shall ensure that the state organs, including the Ministries and Departments, have sufficient financial and other resources and appropriate operational capacity to carry out their functions effectively; and
(f) shall take decisions by consensus, and take collective responsibility for all Cabinet decisions, including those originally initiated individually by any member of Cabinet.
(g) The President and the Prime Minister will agree on the allocation of Ministries between them for the purpose of day-to-day supervision.
20.1.3 The President
(a) chairs Cabinet;
(b) exercises executive authority;
(c) shall exercise his/her powers subject to the provisions of the Constitution;
(d) can, subject to the Constitution, declare war and make peace;
(e) can, subject to the Constitution, proclaim and terminate martial law;
(f) confers honours and precedence, on the advice of Cabinet;
(g) grants pardons, respites, substitutes less severe punishment and suspends or remits sentences, on the advice of Cabinet;
(h) chairs the National Security Council;
(i) formally appoints the Vice Presidents;
(j) shall, pursuant to this Agreement, appoint the Prime Minister pending the enactment of the Constitution of Zimbabwe Amendment no. 19 as agreed by the Parties;
(k) formally appoints Deputy Prime Ministers, Ministers and Deputy Ministers in accordance with this agreement;
(l) after consultation with the Vice Presidents, the Prime Minister and the Deputy Prime Ministers, allocates Ministerial portfolios in accordance with this Agreement;
(m) accredits, receives and recognizes diplomatic agents and consular officers;
(n) appoints independent Constitutional Commissions in terms of the Constitution;
(o) appoints service/executive Commissions in terms of the Constitution and in consultation with the Prime Minister;
(p) in consultation with the Prime Minister, makes key appointments the President is required to make under and in terms of the Constitution or any Act of Parliament;
(q) may, acting in consultation with the Prime Minister, dissolve Parliament;
(r) must be kept fully informed by the Prime Minister on the general conduct of the government business and;
(s) shall be furnished with such information as he/she may request in respect of any particular matter relating to the government, and may advise the Prime Minister and Cabinet in this regard.
20.1.4 The Prime Minister
(a) chairs the Council of Ministers and is the Deputy Chairperson of Cabinet;
(b) exercises executive authority;
(c) shall oversee the formulation of government policies by the Cabinet;
(d) shall ensure that the policies so formulated are implemented by the entirety of government;
(e) shall ensure that the Ministers develop appropriate implementation plans to give effect to the policies decided by Cabinet: in this regard, the Ministers will report to the Prime Minister on all issues relating to the implementation of such policies and plans;
(f) shall ensure that the legislation necessary to enable the government to carry out its functions is in place: in this regard, he/she shall have the responsibility to discharge the functions of the Leader of Government Business in Parliament;
(g) shall be a member of the National Security Council;
(h ) may be assigned such additional functions as are necessary further to enhance the work of the Inclusive Government;
(i) shall, to ensure the effective execution of these tasks, be assisted by Deputy Prime Ministers; and
(j) shall report regularly to the President and Parliament.
20.1.5 Council of Ministers
To ensure that the Prime Minister properly discharges his responsibility to oversee the implementation of the work of government, there shall be a Council of Ministers consisting of all the Cabinet Ministers, chaired by the Prime Minister, whose functions shall be:
(a) to assess the implementation of Cabinet decisions;
(b) to assist the Prime Minister to attend to matters of coordination in the government;
(c) to enable the Prime Minister to receive briefings from the Cabinet Committees;
(d) to make progress reports to Cabinet on matters of implementation of Cabinet decisions;
(e) to receive and consider reports from the Committee responsible for the periodic review mechanism; and
(f) to make progress reports to Cabinet on matters related to the periodic review mechanism.
20.1.6 Composition of the Executive
(1) There shall be a President, which Office shall continue to be occupied by President Robert Gabriel Mugabe.
(2) There shall be two (2) Vice Presidents, who will be nominated by the President and/or Zanu-PF.
(3) There shall be a Prime Minister, which Office shall be occupied by Mr Morgan Tsvangirai.
(4) There shall be two (2) Deputy Prime Ministers, one (1) from MDC-T and one (1) from the MDC-M.
(5) There shall be thirty-one (31) Ministers, with fifteen (15) nominated by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M. Of the 31 Ministers, three (3) one each per Party, may be appointed from outside the members of Parliament. The three (3) Ministers so appointed shall become members of the House of Assembly and shall have the right to sit, speak and debate in Parliament, but shall not be entitled to vote.
(6) There shall be fifteen (15) Deputy Ministers, with (eight) 8 nominated by ZANU PF, six (6) by MDC-T and one (1) by MDC-M.
(7) Ministers and Deputy Ministers may be relieved of their duties only after consultation among the leaders of all the political parties participating in the Inclusive Government.