IN A surprising development, doctors and nurses have
welcomed the appointment of Vice President Constantino Chiwenga, pictured, as
Zimbabwe’s new Health and Child Care minister, the Daily News reports.
This comes as the powerful VP’s appointment has split both
public and legal opinions — with some lawyers arguing that his occupation of a
ministerial post violates the country’s Constitution.
The secretary-general of the Senior Hospital Doctors
Association (SHDA), Aaron Musara, told the Daily News yesterday that their hope
was that Chiwenga would manage to end the health sector’s myriad problems.
“Doctors welcome his appointment. Coming from the
presidium, he will look into the issues affecting the health sector … we hope
he will be able to bring the much needed change in the health system,” Musara
said.
The Zimbabwe Nurses Association (Zina) also said Chiwenga’s
appointment was a welcome development.
“As Zina, we welcome the appointees to the positions of
substantive minister of Health and Child Care, as well as permanent secretary
for the same ministry.
“It is our hope that the two appointees have been briefed
on the situation prevailing in the health sector and what has led to the
impasse between health workers and their employer.
“We look forward to being engaged on the basis of mutual
respect, where our constitutional and labour rights to fair wage and not to
work in unsafe conditions are respected.
“Further we look forward to having our demands acknowledged
and met,” Zina said.
However, lawyers are split over Chiwenga’s appointment —
which sees him having a dual role as both VP and minister.
Lawyer Obert Gutu is among those who say Chiwenga’s
appointment is consistent with the Constitution.
“Section 99 and Section 103 of the Constitution of Zimbabwe
are NOT mutually exclusive. The appointment of Vice President CG Chiwenga as
Minister of Health & Child Care is, therefore, NOT unconstitutional,” Gutu
wrote on Twitter.
But MDC vice president Tendai Biti said Chiwenga’s appointment
was a violation of the Constitution.
“The appointment is clearly null and void and must be
tested in a court of law. It violates the Constitution, but more than that it
is irrational and grossly unreasonable.
“No person of sound mind, properly applying his mind, would
have made the same,” he wrote on Twitter.
All the same, this is not the first time that a serving VP
has been tasked with ministerial functions. Until last year, Chiwenga was also
Defence minister.
Before that, the then Vice President Emmerson Mnangagwa was
also appointed Justice minister by the late former president Robert Mugabe.
Constitutional law expert Lovemore Madhuku filed an
application at the Constitutional Court (Con-Court) at the time, challenging
Mnangagwa’s dual roles — without success.
Zimbabwe has been operating without a substantive Health
minister and confirmed leaders of public health institutions — following the
recent dismissal of Obadiah Moyo on allegations of corruption and the sacking
of hospital chief executive officers.
It was also operating without a substantive permanent
secretary for Health and Child Care until this week when Mnangagwa appointed
Zimbabwe Defence Forces director for health, Jasper Chimedza, to replace Agnes
Mahomva who was moved from the post in May. Daily News
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