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Mugabe cannot just dissolve Parliament, Here is what the Constitution says

6 years agoTue, 21 Nov 2017 08:47:04 GMT
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Mugabe cannot just dissolve Parliament, Here is what the Constitution says

There has been speculation that President Robert Mugabe can dissolve Parliament before it successfully impeaches him. However, Mugabe cannot just wake up and dissolve Parliament. There are conditions for him to successfully dissolve Parliament.

Section 143 of the Constitution of Zimbabwe on the Duration and dissolution of Parliament sets out the conditions and procedure for dissolution of Parliament. Mugabe can dissolve Parliament if:

  • 2/3 of Parliament and Senate sitting separately passes a resolution to dissolve,
  • Parliament has unreasonably refused to pass an Appropriation Bill referred to in section 305
  • Parliament passes a vote of no confidence in the Government in terms of Section 109 of the Constitution

Read section 143 below:

1. Parliament is elected for a five-year term which runs from the date on which the President-elect is sworn in and assumes office in terms of section 94(1)(a), and Parliament stands dissolved at midnight on the day before the first polling day in the next general election called in terms of section 144.

2. The President must by proclamation dissolve Parliament if the Senate and the National Assembly, sitting separately, by the votes of at least two-thirds of the total membership of each House, have passed resolutions to dissolve.

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3. The President may by proclamation dissolve Parliament if the National Assembly has unreasonably refused to pass an Appropriation Bill referred to in section 305.

4. A decision to dissolve Parliament in terms of subsection (3) may, on the application of any Member of Parliament, be set aside on review by the Constitutional Court.

5. An application for the review of a decision to dissolve Parliament must be filed with the Constitutional Court within seven days after the decision was published, and–

a. the Constitutional Court must determine the application within fourteen days after it was filed; and

b. pending the Constitutional Court’s determination of the application, the decision to dissolve Parliament is suspended.

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