ARTICLE XIX
FREEDOM OF EXPRESSION AND COMMUNICATION
19. Freedom of Expression and Communication
Recognising the importance of the right to freedom of expression and the
role of the
media in a multi-party democracy.
Noting that while the provisions of the Broadcasting Services Act permit
the issuance of
licences, no licences other than to the public broadcaster have been issued.
Aware of the emergence of foreign based radio stations broadcasting into
Zimbabwe,
some of which are funded by foreign governments.
Concerned that the failure to issue licences under the Broadcasting
Services Act to
alternative broadcasters might have given rise to external radio stations
broadcasting
into Zimbabwe.
Further concernedthat foreign government funded external radio stations
broadcasting into Zimbabwe are not in Zimbabwe’s national interest.
Desirous of ensuring the opening up of the air waves and ensuring the
operation of as
many media houses as possible.
19.1 The Partieshereby agree:-
(a) that the government shall ensure the immediate processing by the
appropriate authorities of all applications for re-registration and
registration in terms of both the Broadcasting Services Act as well as the
Access to Information and Protection of Privacy Act;
(b) all Zimbabwean nationals including those currently working for
or running external radio stations be encouraged to make applications for
broadcasting licences, in Zimbabwe, in terms of the law;
(c) that in recognition of the open media environment anticipated
by this Agreement, the Parties hereby:-
(i) call upon the governments that are hosting and/or funding
external radio stations broadcasting into Zimbabwe to cease such hosting
and funding; and
(ii) encourage the Zimbabweans running or working for external
radio stations broadcasting into Zimbabwe to return to Zimbabwe; and
(d) that steps be taken to ensure that the public media provides
balanced and fair coverage to all political parties for their legitimate
political activities.
(e) that the public and private media shall refrain from using
abusive language that may incite hostility, political intolerance and
ethnic hatred or that unfairly undermines political parties and other
organisations. To this end, the inclusive government shall ensure that
appropriate measures are taken to achieve this objective.
ARTICLE XX
FRAMEWORK FOR A NEW GOVERNMENT
20. Framework for a new Government
Acknowledging that we have an obligation to establish a framework of
working together in an inclusive government;
Accepting that the formation of such a government will have to be
approached with great sensitivity, flexibility and willingness to
compromise;
Recognising that the formation of such a Government would demonstrate the
respect of the Parties for the deeply-felt and immediate hopes and
aspirations of the millions of our people.
Determined to carry out sustained work to create the conditions for
returning our country to stability and prosperity;
Acknowledging the need for gender parity, particularly the need to appoint
women to strategic Cabinet posts;
20.1 The Parties hereby agree that:
20.1.1Executive 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 independentConstitutional 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 policiesby 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 functionsas 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.
20.1.7 Senate
(a) The President shall, in his discretion, appoint five (5) persons
to the existing positions of Presidential senatorial appointments.
(b) There shall be created an additional nine (9) appointed
senatorial posts, which shall be filled by persons appointed by the
President, of whom, 3 will be nominated by ZANU-PF, 3 by MDC-T and 3 by
MDC-M.
20.1.8 Filling of vacancies
(a) In the event of any vacancy arising in respect of posts referred
to in clauses 20.1.6 and 20.1.7(b) above, such vacancy shall be filled by
a nominee of the Party which held that position prior to the vacancy
arising.
ARTICLE XXI
ELECTORAL VACANCIES
21. Electoral Vacancies
Awareof the divisive and often times confrontational nature of elections
and by elections;
Notingthe need to allow this agreement to take root amongst the parties
and people of Zimbabwe; and
Cognisantof the need to give our people some breathing space and a healing
period;
21.1 The Parties hereby agree that for a period of 12 months from the
date of signing of this agreement, should any electoral vacancy arise in
respect of a local authority or parliamentary seat, for whatever reason,
only the party holding that seat prior to the vacancy occurring shall be
entitled to nominate and field a candidate to fill the seat subject to
that party complying with the rules governing its internal democracy.
ARTICLE XXII
IMPLEMENTATION MECHANISMS
22. Implementation mechanisms
22.1 To ensure full and proper implementation of the letter and spirit
of this Agreement, the Parties hereby constitute a Joint Monitoring and
Implementation Committee (“JOMIC”) to be composed of four senior members
from ZANU-PF and four senior members from each of the two MDC Formations.
Gender consideration must be taken into account in relation to the
composition of JOMIC.
22.2 The committee shall be co-chaired by persons from the Parties.
22.3 The committee shall have the following functions:-
(a) to ensure the implementation in letter and spirit of this
Agreement;
(b) to assess the implementation of this Agreement from time to
time and consider steps which might need to be taken to ensure the speedy
and full implementation of this Agreement in its entirety;
(c) to receive reports and complaints in respect of any issue
related to the implementation, enforcement and execution of this
Agreement;
(d) to serve as catalyst in creating and promoting an atmosphere
of mutual trust and understanding between the parties; and
(e) to promote continuing dialogue between the Parties.
22.4 JOMIC shall be the principal body dealing with the issues of
compliance and monitoring of this Agreement and to that end, the Parties
hereby undertake to channel all complaints, grievances, concerns and
issues relating to compliance with this Agreement through JOMIC and to
refrain from any conduct which might undermine the spirit of co-operation
necessary for the fulfillment of this Agreement.
22.5 The new Government shall ensure that steps are taken to make the
security forces conversant with the Constitution of Zimbabwe and other
laws of Zimbabwe including laws relating to public order and security.
22.6 The implementation of this agreement shall be guaranteed and
underwritten by the Facilitator, SADC and the AU.
22.7 The Parties and the new Government shall seek the support and
assistance of SADC and the AU in mobilizing the international community to
support the new Government’s economic recovery plans and programmes
together with the lifting of sanctions taken against Zimbabwe and some of
its leaders.
22.8 The Parties agree that they shall cause Parliament to amend any
legislation to the extent necessary to bring this agreement into full
force.
ARTICLE XXIII
PERIODIC REVIEW MECHANISM
23. Periodic review mechanism
23.1 Having regard to the Objectives and Priorities of the New
Government as set out in this Agreement, the Parties hereby agree that:
(a) they shall constitute a committee composed of 2
representatives each to review on an annual basis progress on the
implementation and achievement of the priorities and objectives set out in
this Agreement, namely: Economic (restoration of economic stability and
growth, sanctions, land question) Political (new constitution, promotion
of equality, national healing and cohesion and unity, external
interference, free political activity, rule of law, state organs and
institutions, legislative agenda and priorities) Security (security of
persons and prevention of violence) and Communication (media and external
radio stations); and
(b) the committee shall make recommendations to the Parties and
the new government on any matters relating to this Agreement, more
particularly on measures and programmes that may be necessary to take and
make to realise full implementation of this Agreement.
(c) this Agreement and the relationship agreed to hereunder will
be reviewed at the conclusion of the constitution-making process.
23.2 The Parties will continually review the effectiveness and any
other matter relating to the functioning of the Inclusive Government
established by the Constitution in consultation with the Guarantors.
ARTICLE XXIV
INTERIM CONSTITUTIONAL AMENDMENTS
24. Interim Constitutional amendments
The Parties hereby agree:
24.1 that the constitutional amendments which are necessary for the
implementation of this agreement shall be passed by parliament and
assented to by the President as Constitution of Zimbabwe Amendment Act No
19. The Parties undertake to unconditionally support the enactment of the
said Constitution of Zimbabwe Amendment No 19;
24.2 to include in Constitutional Amendment No19 the provisions
contained in Chapters 4 and 13, and section 121 of the draft Constitution
that the Parties executed at Kariba on 30 September 2007 (Kariba draft).
ARTICLE XXV
COMMENCEMENT
25. Commencement
This Agreement shall enter into force upon its signature by the Parties.
In WITNESS WHEREOF the Parties have signed this Agreement in the English
language, in six identical copies, all texts being equally authentic:
DONE AT HARARE, ON THIS…………. DAY OF …………………………… 2008
________________________
ROBERT G MUGABE
PRESIDENT, ZANU-PF
________________________
MORGAN R TSVANGIRAI
PRESIDENT, MDC
________________________
ARTHUR G O MUTAMBARA
PRESIDENT, MDC
InWITNESS THEREOF the Facilitator:
________________________
THABO MBEKI
SADC FACILITATOR
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