But what exactly does impeachment entail in the Zimbabwean context? To shed light on this complex procedure, we turn to Advocate Method Ndlovu, a legal expert practising in Zimbabwe’s superior courts.
Ndlovu explains that Zimbabwe operates as a constitutional democracy, with the framework of the state meticulously outlined in the Constitution of Zimbabwe Amendment (Number 20). According to Section 88, executive authority rests with the President, who exercises it through a Cabinet, subject to the provisions of the Constitution.
The President is elected by the people within the timeframe stipulated in Section 158 of the Constitution. Section 95(2)(b) specifies that the elected President holds office for a term of five years, unless they resign or are removed from office, although a term of three years is considered a full term.
Impeachment, Ndlovu clarifies, is a process whereby the Legislature lays charges against the President, potentially leading to their removal from office by Parliament – comprising the National Assembly and the Senate, acting jointly.
There are specific grounds for removing a President from office following a successful impeachment process, as detailed in Section 97 of the Constitution of Zimbabwe 2013. This section stipulates that the Senate and the National Assembly, through a joint resolution passed by at least one-half of their total membership, may initiate an investigation into whether the President or Vice President should be removed from office for:
- Serious misconduct.
- Failure to obey, uphold, or defend the Constitution.
- Wilful violation of the Constitution.
- Inability to perform the functions of the office due to physical or mental incapacity.
Standing Order 1(1) of Appendix A of the Standing Orders of the National Assembly provides for convening a joint session of Parliament in various situations envisaged in the Constitution. This also includes the question of removal of a President or Vice President from office provided for in section 97 of the Constitution.
In terms of Standing Order 1(2) of the Appendix, the Speaker and the President of the Senate are obliged to make the necessary arrangements for the joint sitting.
In terms of Standing Order 2 of the appendix, in all such joint sittings, the Speaker has to preside. In his/her absence, the President of the Senate has to preside. In terms of Standing Order 3 of the appendix, a relief officer can also chair the session if so requested by the Speaker.
In terms of Standing Order 4, the joint session is to be held at any place taking into account the public interest, security or convenience. In terms of Standing Order 5, members of Parliament are entitled to receive from Clerk of Parliament seven days’ notice of the joint sitting. The Clerk does so by placing it on the Order Papers of each House or by way of announcement of such notice by a presiding officer during the sitting of a House. The Clerk can give such notice in a manner determined by the Speaker.
In terms of Standing Order 6 of the appendix, one half of the total membership of Parliament should constitutes a quorum for any joint sitting. That is 180 members of Parliament should suffice to transact the business of a joint sitting.
Standing Order 7 of the appendix provides that unless stated in the Joint Standing Orders, Rules relating to Order in the House (National Assembly) in respect of debate, divisions and any other relevant provisions in the National Assembly and Senate, shall apply with appropriate modifications (mutatis mutandis), in the joint sitting.
The Standing Orders for the National Assembly sets out the rules relating to debate, divisions and other processes of the House. All questions proposed for decision in the House must be determined by a majority of the votes of the membership present and voting, per Standing Order 78(1) for the National Assembly. The Standing Orders for the Senate is to similar effect.
The proposed question of impeachment of the President or Vice President is thus a question for decision to be made by Parliament (in a joint sitting, in which ordinarily Standing Order 78(1) must apply) with necessary modifications.
Standing Order 78(1) of the National Assembly is made subject to the Constitution of Zimbabwe. As such, instead of a majority making a resolution to impeach, it should be half of the total membership.
The initial step in the impeachment process, as outlined in Section 97 of the Constitution, involves the movement of a motion to impeach before the joint sitting of Parliament. This motion must be seconded to proceed further.
The next step involves making a resolution, in the affirmative, for the impeachment of the President or Vice President by half the total membership of Parliament, as stipulated in Section 97(1) of the Constitution.
The total membership of a joint sitting of Parliament differs from those present and voting. According to Innocent Gonese & Jessie Majome v The Speaker of Parliament & Ors CCZ4/20, the total membership is as prescribed in the Constitution, as amended by amendment Number 2 of 2021, and set out in sections 120 and 124.
Therefore, a majority of the total membership of Parliament is not required to pass an impeachment resolution. Instead, half of the Parliamentarians, when the National Assembly and Senate are combined, is sufficient.
Given that the Senate and the National Assembly have a total membership of 360, half of this number is 180. The Constitution mandates that 180 parliamentarians must resolve, in the affirmative, to pass the impeachment resolution, regardless of whether the majority comes from the Senate or the National Assembly.
The manner of voting is also subject to interpretation. Unlike the election of a Speaker, which requires a secret ballot, the method for conducting the impeachment vote is open for decision by the joint session.
The joint sitting can resolve the question of the manner of voting by a simple majority, as per Standing Orders 78(1) of the Standing Orders of the National Assembly. Voting can be conducted by a show of hands, by having supporters and opponents stand on opposite sides, or even by secret ballot, depending on the resolution of the joint sitting.
If the vote for impeachment is affirmative, the process moves to the third step, as outlined in Section 97(2) of the Constitution. This section states that upon passing a resolution, the Committee on Standing Rules and Orders must appoint a joint committee of the Senate and the National Assembly, consisting of nine members reflecting the political composition of Parliament, to investigate the removal from office of the President or Vice President.
The Committee on Standing Rules and Orders, as provided for in the Constitution, then takes charge of the process. Section 151 (2) of the Constitution outlines the composition of this committee, which includes the Speaker, the President of the Senate, the Deputy Speaker, the Deputy President of the Senate, relevant Ministers, Leaders of Government Business, Leaders of the Opposition, chief whips of political parties, the President of the National Council of Chiefs, and other Members of Parliament.
The functions of the Committee on Standing Rules and Orders are detailed in Section 151 (1) of the Constitution, which includes supervising the administration of Parliament, formulating Standing Orders, considering matters concerning Parliament, and exercising any functions conferred upon the committee by the Constitution or other laws.
When the Committee on Standing Rules and Orders receives the joint resolution from Parliament, it must appoint a nine-member committee to investigate the President’s suitability to hold office. This committee will then make recommendations, either for or against impeachment.
Following a recommendation for removal, paragraph (b) of Section 97 (3) of the Constitution is engaged. This paragraph states that if the Senate and the National Assembly, by a joint resolution passed by at least two-thirds of their total membership, resolve that the President or Vice President should be removed from office, the President or Vice President thereupon ceases to hold office.
This final step requires a two-thirds majority vote in the joint sitting to affirm the recommendation for removal. The procedure for carrying out the vote is determined by a simple majority, as envisaged in Standing Orders 78(1) of the Standing Orders of the National Assembly.
Ndlovu concludes that the success of any impeachment process in Zimbabwe hinges on the composition of the Committee on Standing Rules and Orders and, ultimately, the two-thirds majority required from Parliament. While the process is not insurmountable, it is undoubtedly a complex and challenging undertaking.
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