Wednesday, November 22, 2017

ActiveCitizenship 101: Cabinet appointment, size and mandate for economic development

The state is an intangible human creation of abstract institutions, real human beings as officers and properties through which the collective sovereignty (self-rule and self-determination) of the people find expression. Such a collective expression of sovereignty (self-rule and self-determination) has an address in the constitution [1] as pronounced in section 3(2)(f), i.e. the "respect for the people of Zimbabwe, from whom the authority to govern is derived." The people of Zimbabwe in their collective sovereignty elect a President whose authority flows directly from them. He/she is compelled to exercise any public power in a representative capacity and in the name of the people and for their good. He/she then appoints public officers with delegated authorities to serve the sovereigns, the people of Zimbabwe, for "the State and all institutions and agencies of government at every level in to formulate and implement laws and policy decisions that will lead to the establishment, enhancement and promotion of a sustainable, just, free and democratic society in which people enjoy prosperous, happy and fulfilling lives." [2] The exercise of executive authority of the Presidents responsible for being the chief of state, chief executive as the head of bureaucracy, commander-in-chief of the armed forces, chief diplomat and guardian of the economy. The executive authority of the President and any public officer is constitutionally defined and limited for the purposes of serving the sovereigns, the people of Zimbabwe, through the following measures: 1) public accountability, 2) checks and balances "through a series of constitutional safeguards," and 3) separation of powers among the executive, judiciary, and legislature. Appointment of Cabinet According to sections 104 and 105 of the Constitution of Zimbabwe, it is the sole prerogative of the President as the appointing authority of senior public officials to be ministers and deputy ministers to serve the sovereigns, the people. He/she determines whom to appoint and what they should do by way of assignment to a particular ministry or special responsibilities. In the same Constitution, the people of Zimbabwe should have trust and confidence in those appointed as vice presidents, ministers and deputy ministers. Section 196(1) is instructive that "authority assigned to a public officer is a public trust which must be exercised in a manner which: a. is consistent with the purposes and objectives of the Constitution; b. demonstrates respect for the people and a readiness to serve them rather than rule them; and c. promotes public confidence in the office held by the public officer." Section 196(3) requires citizens to be satisfied that "public officers in leadership positions must abide by the following principles of leadership: a. objectivity and impartiality in decision making; b. honesty in the execution of public duties; c. accountability to the public for decisions and actions; and d. discipline and commitment in the service of the people." Relatedly, section 194 sets out basic principles and values for public service and should be fulfilled by anyone to be in a public position. Against this background, the president does not only have the responsibility to appoint vice presidents, ministers and deputy ministers but also he/she is accountable to the people of Zimbabwe. The citizens of Zimbabwe cannot exercise silence on the issue as to who will serve them. They also need to have the trust and confidence that those appointed meet the requirements of the sections sited above and any other provisions in the Constitution. This means there is no blank cheque from the people of Zimbabwe in the exercise of the presidential prerogative. For years we have only been informed of who it is the president has appointed as ministers and deputy minsters without even having the official profile of the appointees being published. We have not even been informed if the constitutional provisions cited above have been strictly observed and adhered to. The people of Zimbabwe need to benefit from exercise of pre-appointment parliamentary scrutiny of the ministerial appointees so that they can speak through their representatives that such senior public officials are checked to determine if they are up to the task of public service. [3]. In adhering to the constitution, "public administration must be accountable to Parliament and to the people." [4] Cabinet appointees should be scrutinised by Parliament! Size and mandate of Cabinet As provided for in section 105, the president assigns the appointees to a specific ministry. He/she decides the number of ministries and their terms of reference. Again as citizens we need to be convinced that the terms of reference for each ministry and the number of ministries make it possible that public funds are "efficiently and economically used." [4] This is because these are public officials who will be expected to have "people's needs must be responded to within a reasonable time" while at the same time "the public must be encouraged to participate in policy-making." [5]
Currently there is is duplication and overlapping between many ministries. For example we have a ministry of finance and economic development and then another ministry for macro-economic development. There is need for redefining their roles to avoid duplication and overlap of activities. The core business of a finance ministry should be for the management of public funds through the budget, public finance management system and accounting system; national debt; tax, tariff and customs matters through the national tax agency; supervision of financial system and financial institutions through the central bank. A separate economic affairs ministry should be responsible for economic policies, affairs and investment promotion. In the Netherlands, the Ministry of Economic Affairs is a mega-ministry consisting of the following departments Economic Affairs, Industry, Mining, Trade, Energy and Tourism. Its role is to "promote sustainable economic growth."
In Taiwan, the Ministry of Economic Affairs has the following departments: Commerce, Mines, Trade, Investment Promotion Services, International Cooperation, Statistics, Industry and Industrial Technology. As it can be noticed there is an effect of having a lean but effective size of a cabinet. Currently, Zimbabwe has 32 ministers and 20 deputy ministers [6] and yet countries with more people and high level of economic development have smaller cabinets. It would be prudent if there is a justification of each ministry in Zimbabwe. There should be a process of reducing ministries to more than 17 without deputy minsters and ministers of state for efficient and effective application of public funds in areas that benefit the most people of Zimbabwe! Why do we pretend to have unlimited public funds to finance an oversized cabinet and as if we have so much to do when our economy is so small and burdened? One quick and simple way of determining the necessity of having a stand alone ministry is the day to day decisions and initiatives that are made by the minister and the weight of such decisions to the maximum advantage for the public cause. If we were to have a lean but compact cabinet size, here should be the list of only 18 ministries: 1. Finance and Economic Affairs 2. Home Affairs and Culture 3. Lands and Agriculture 4. Primary and Secondary Education 5. Defense, Security and Veteran Affairs 6. Health and Child Welfare 7. Justice and Parliamentary Affairs 8. Foreign Affairs 9. Sports, Arts and Recreation 10. Industry, Commerce and Enterprise Development 11. Environment and Tourism 12. Mining, Energy and Water Resources 13. Local Government and Public Works 14. Transport 15. Women and Youth Affairs 16. Labour, Higher Education and Scientific Development 17. Communication, Information and Cyber Security 

The following are examples:
Sweden has 11 ministries [7] as follows: 1. Ministry of Culture, is responsible for issues relating to culture, media, democracy, human rights at national level, the national minorities. 2. Ministry of Defence. 3. Ministry of Education and Research, is responsible for the Government’s education, research and youth policy. The Ministry works on issues including school performance, conditions for teachers, study financing and living conditions for young people. Departments - Primary and Secondary Education; Higher Education, Training and Research. 4. Ministry of Employment, is responsible for issues that concern a well-functioning labour market. This includes measures to get young people into work, matching, labour-market policy programmes, unemployment insurance as well as issues on labour law and work environment so that everyone has the opportunity to take part in working life with good working conditions. 5. Ministry of Enterprise and Innovation, is responsible for matters relating to housing and urban development, state-owned enterprises, information technology, enterprise and industrial policy, rural affairs, regional growth, post issues and infrastructure. 6. Ministry of the Environment and Energy is responsible for environmental, energy and climate policy. 7. Ministry of Finance, is responsible for issues concerning central government finances, including coordination of the central government budget, forecasts and analyses, tax issues, and management and administration of central government activities. The Ministry is also responsible for matters concerning financial markets and consumer legislation. 8. Ministry for Foreign Affairs 9. Ministry of Health and Social Affairs, is responsible for issues concerning the welfare of society, sport issues, rights of the child, rights for people with disabilities and gender equality. 10. Ministry of Justice, is responsible for legislation concerning the constitution and general administrative law, civil law, procedural law and criminal law. 11. Ministry of Home Affairs
Singapore has 20 ministries [8] as follows: 1. Deputy Prime Minister & Coordinating Minister for National Security 2. Deputy Prime Minister & Coordinating Minister for Economic and Social Policies 3. Ministry of Infrastructure & Transport 3. Ministry of Trade and Industry 4. Ministry of Manpower 5. Ministry of Communications, Information and Cyber Security 6. Ministry of Defence 7. Ministry of Foreign Affairs 8. Ministry of Home Affairs 9. Ministry of Health 10. Ministry of Trade and Industry (Industry) 11. Ministry of Finance 12. Second Minister for Finance 13. Ministry of Culture, Community and Youth & Leader of the House 14. Minister, Prime Minister's Office & Government Whip 15. Ministry of Social and Family Development 16. Ministry of National Development 17. Ministry of the Environment and Water Resources 18. Ministry of Education (Schools) 19. Ministry of Education (Higher Education and Skills) 20. Ministry of Law
South Korea has 19 ministries [9] as follows: 1. Ministry of Culture, Sports and Tourism 2. Ministry of Education (also automatic Deputy Prime Minister) 3. Ministry of Foreign Affairs 4. Ministry of Justice 5. Ministry of the Interior 6. Ministry of Agriculture, Food and Rural Affairs 7. Ministry of Health and Welfare 8. Ministry of Employment and Labour 9. Ministry of Land, Infrastructure and Transport 10. Ministry of Public Safety and Security 11. Ministry of Strategy and Finance (and automatic Deputy Prime Minister) 12. Ministry of Science, ICT and Future Planning 13. Ministry of Unification 14. Ministry of National Defense 15. Ministry of Culture, Sports and Tourism 16. Ministry of Trade, Industry and Energy 17. Ministry of Environment 18. Ministry of Gender Equality and Family 19. Ministry of Oceans and Fisheries
Sources: [1] Constitution of Zimbabwe (2013), www.constituteproject.org/constitut... [2] Constitution of Zimbabwe (2013), section 8(1) [3] Cabinet Office Guidance: pre-appointment scrutiny by House of Commons select committees www.gov.uk/government/uploads/syste... [4] Constitution of Zimbabwe (2013), section 194(1)(f) [5] Constitution of Zimbabwe (2013), section 194(1)(e) [6] www.parlzim.gov.zw/about-parliament... [7] The Government of Sweden www.government.se/government-of-swe... [8] Singapore Cabinet www.parliament.gov.sg/cabinet; www.parliament.gov.sg/cabinet [9] South Korea Cabinet www.korea.net/Government/Administra...

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