zimbabwe:President Robert Mugabe Vs Impeachement

President Robert Mugabe is facing a threat to impeachment due to his persistence that he is still holding the power despite of military take over after 37 years of his ruling. This insistence speech was delivered by himself through ZBC last Sunday evening.HiS speech stir anger and disbelief to the most of Zimbabwean who were eager waiting to hear his resignation speech. Due to this Zimbabwean are on another side of the coin for President Mugabe to step down which is impeachment,but can parliament impeach the president? How Zimbabwe Constitution say about this.
Under section 145 of the Constitution, the date of Parliament’s first sitting after a general election is fixed by the President but after that, under section 146, each House of Parliament determines the time and duration of its sittings.  Any attempt by the President to prevent Parliament from sitting would be contrary to the clear terms of section 146 and, more generally, would violate the principle of separation of powers which is one of the principles of good governance that is a foundation of the Constitution.Hence it lead to the vote of no confidence
 According to the section 109(4) of Zimbabwe Constitution,the vote of no confidence will results into two  options :
 1. To dissolve Parliament and call a general election within 90 days.
2. To remove all Ministers and Deputy Ministers from office and appoint new ones in their place.
  If the President took the first option he would stay in office with a new set of Ministers;  if he took the second there would have to be a general election within 90 days.

HOW ABOUT IMPEACHMENT PROCESS:
 
This is the removal of  holder of an office incase of misconduct in performing his her how duties.It is political based rather than legal one.According to Zimbabwean constitution a section 97 president shall be in impeachment if has the followings:

2. serious misconduct
3. failure to obey, uphold or defend the Constitution
4. wilful violation of the Constitution
5. inability to perform his duties because of physical or mental incapacity.

Once a resolution has been passed, Parliament’s Committee on Standing Rules and Orders must appoint a nine-member committee of Senators and members of the National Assembly to investigate the removal of the President.  Although section 97 of the Constitution does not say so, the committee would have to give the President a full opportunity to respond to the allegations against him – he has a right to a fair hearing under section 69 of the Constitution.
 If the committee find  guilty that the President should be removed from office, the Senate and National Assembly must meet, again in joint session, to deliberate the recommendation, and if in that joint session they resolve by a two-thirds majority of their total membership to adopt the recommendation then the President immediately ceases to hold office.
Impeachment process is the long process, since the National Committee will have long run to scrutinize the issue and come about with the results.
Results of Impeachments

If the president reave the office the vice president has to act as president according to [paragraph 14(4) of the Sixth Schedule to the Constitution all ministers appointed by him (president) will remaining in office, and if the Vice president has resigned the outgoing president will appoint another Vice president, if there is no Vice president , the remaining cabinet ministers would appoint one of themselves as Acting President in terms of section 100(1)(c) of the Constitution. And hence appointed President appoint vice president.

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