AG warns ministers and vice presidents against publicly opposing cabinet decisions

Virginia Mabhiza

The Zimbabwe Constitutional Movement (ZICOMO) has noted with grave concern the reckless recent utterances by the Attorney General Mrs Virginia Mabhiza, warning that Ministers and Vice Presidents “cannot publicly oppose Cabinet decisions.”

While we appreciate and respect  her role as principal legal advisor to Government  under Section 114 of the Constitution of Zimbabwe, we are compelled to challenge her selective application of the law and measurement of its tenets. The Constitution of Zimbabwe is a unified document, sacred in its entirety. When Cabinet Ministers, including the President, take an oath to respect and protect it, they must do so in its totality.

We are appalled by her office’s disregard for the Constitution, which promises rights even to those opposing any amendment process. Yet, under her watch, citizens have been silenced, marginalized, and pushed to the fringes. Infact,  opposing Constitutional Amendment Number 3 Bill (CAB3) has become a hard hat area.

The doctrine of collective responsibility, as mandated by Section 106(3) of the Constitution, compels the Cabinet to present a unified front on decisions that have already been made. However, this doctrine does not diminish the fundamental right of a Minister or Vice President to resign on principle when they cannot, in good conscience, support a decision. To suggest that dissent should be suppressed rather than expressed through resignation is to transform the Cabinet into a mere facade of enforced unanimity, rather than a genuine forum for meaningful deliberation.

Moreover, the principle of constitutional supremacy is non-negotiable. Section 2 of the Constitution explicitly states that any law, practice, custom, or conduct that conflicts with the Constitution is invalid. Section 61 guarantees every individual’s right to freedom of expression, which includes members of the Cabinet.

Any warning from the Attorney General that seeks to position public dissent as absolutely forbidden is a dangerous overreach that prioritizes Cabinet protocol over constitutional integrity.

ZICOMO firmly rejects any doctrine that seeks to insulate Executive decisions from necessary public scrutiny, particularly from those who are directly involved in the decision-making process. It is essential that the voices of those within the Cabinet are heard and respected.

The Constitution enshrines accountability and the rule of law; however, we witness the emergence of overnight billionaires while everyday civil servants in health, education, national security, agriculture, and war veterans are left in poverty.

As finance authorities impose limits on the public’s foreign exchange withdrawals, we observe individuals, seemingly above the law and closely connected to state officials, flaunting their wealth while lavishing donations of cars, money and houses  from our tax dollars.

The Zimbabwe Electoral Commission (ZEC), a constitutional body funded by taxpayers, failed to provide an accurate vote tally in the 2018 election, and the judicial system has become politicized.

This narrow interpretation of the Constitution poses significant consequences. Politically, it grants those in power the liberty to choose what rules to obey and which to disregard.

We THEREFORE, affirm our position as follows:

• We call upon the Attorney General to clarify that her remarks do not seek to override Section 61 and Section 106 (2) of the constitution, which empower the Ministers to act in accordance with their oath to “uphold, obey and defend the Constitution.”
• We remind all Cabinet members that their primary loyalty is to the Constitution and the people of Zimbabwe, not to the comfort of Cabinet solidarity.
• We urge Parliament to assert its oversight role under Section 119 and demand that the doctrine of collective responsibility exercised transparently, not as a tool to suppress dissent.

The spirit of Zimbabwe—embodied by Dlodlo, Chingaira, Mzilikazi, Nehanda, Lozikeyi, Chaminuka, Tongogara, Margaret Dongo, Alfred Nikita Mangena, and countless others who opposed tyranny during the first and second Chimurenga—will not be extinguished.

Our struggle transcends individuals or political parties; it is a fight against a system of oppression manifesting as an unconstitutional authority.

We categorically reject CAB3, regardless of any financial inducements offered to Members of Parliament or the judiciary to endorse it.

Furthermore, we demand that ZANU PF, the ruling party, show respect for Zimbabwe and her institutions and citizens. Every time this party grapples with internal strife, the whole nation suffers. What we are witnessing with CAB3 is not a national initiative; it is a power retention scheme, merely deciding “whose turn it is to benefit.”

The echoes of Mugabe’s pronouncement that “the bullet is mightier than the ballot” and the late Army Commander, General Vitalis Zvinavashe’s assertion that “the office of the President is a straightjacket” are once again haunting us.

It is imperative that ZANU PF, alongside war veterans, have the courage to return Zimbabwe to its people and uphold the Constitution. Free and fair elections, the rule of law, and constitutionalism are the foundations of a stable nation.

Finally, we issue a strong diplomatic note to South Africa and the United Kingdom, urging them to respect Zimbabwe. Your historical complicity in undermining the will of the Zimbabwean people is widely recognized and unacceptable. South Africa, your shared history with Zimbabwe deepens this obligation. President Mbeki was right: we have no neighbours except for fellow African states. For the UK, it’s time to acknowledge that it is the people of Zimbabwe who secured independence on April 18, 1980. Why advocate for the rule of law in the UK while endorsing “strongmen” in Zimbabwe?

Zimbabwe’s democracy cannot be built on enforced silence. It will be built on courage, constitutionalism and the willingness of leaders to speak truth – even to one another – in public.

We conclude by calling on Zimbabweans to remain vigilant and proactive against these reactionary maneuvers seeking to undermine our sovereignty and plunder our natural resources.

Zimbabwe is our birthright!

ZICOMO Information Department