Zimbabwe: Mnangagwa 'Acted Improperly' in Promoting Son to Senior Army Rank - Constitutional Lawyer

PRESIDENT Emmerson Mnangagwa acted improperly and violated constitutional principles by promoting his son, Sean, to a senior rank in the army, a constitutional lawyer has said.

Sean Mnangagwa was among nine Zimbabwe National Army officers elevated from Major to Lieutenant Colonel, the sixth-highest rank in the army, by the President at an investiture ceremony on Wednesday.

In an interview with NewZimbabwe.com, constitutional law expert Professor Lovemore Madhuku said the President should have recused himself due to a clear conflict of interest.

"President Mnangagwa is not legally powered to do what he has done. The promotion is null and void. He must leave that to his VPs," Madhuku said.

"You're conflicted, so you would have to leave that sort of decision to a Vice President, that is why a vice president exists. If there is conflict of interest, the law requires that decision be taken by someone else who would ordinarily perform the functions of that office in the absence of the President."

Madhuku argued that a president facing a conflict of interest is effectively in the same position as one who is absent, incapacitated or ill.

"You cannot hide behind the public office to say, 'Well, I am the president, so I have to decide this matter.' That is not how it operates," he said.

Drawing parallels with judicial conduct, Madhuku said decision-making authority should be delegated in such circumstances.

"A Vice President, in this case, someone who can play the role of a president, should be allocated that task," he added.

"When a biological child or a spouse is involved, the office holder cannot make decisions of that nature, such as promotions. That responsibility must be handled by a Vice President or another designated authority."

"Where a president or an office holder is clearly conflicted, you cannot hide behind the public office to justify making that decision."

Sean, Mnangagwa's twin son is currently serving in the Presidential Guard and is part of his father's close security team.

His promotion within the army has further fueled speculation that Emmerson Mnangagwa is seeking to tighten his security amid rising tensions over the proposed Constitutional Amendment Bill, which aims to extend his tenure beyond the constitutionally mandated two five-year terms.

Read the original article on New Zimbabwe.