CLAIM: Being Head of State makes him (President) head of all three arms of the State
SOURCE: Nick Mangwana
VERDICT: False
On 9 July 2025, permanent secretary in the information ministry, Nick Mangwana, posted on his X account, ‘His Excellency, President @edmnangagwa, a former longtime legislator and Speaker of Parliament, led by example through his attendance at the National Assembly Q&A session. Being Head of State makes him head of all three arms of the State. #Leadership’.
There were questions, in response to this, on separation of powers.
Is that a thing in Zimbabwe? We checked.
Arms of state
The three branches of government appear in John Locke‘s Two Treatise of Government (1689), where these powers were defined as legislative, executive and federative.
In his view, the concentration of influence in any one institution entailed an inherent danger:
It may be too great a temptation to human frailty apt to grasp at Power, for the same Persons who have power of making Laws, to have also in their hands the power to execute them, whereby they may exempt themselves from Obedience to the Laws they make, and suit the Law, both in its making and execution, to their own private advantage.
The three arms of state, also known as the three pillars of government, are the executive, legislature and judiciary. They are designed to ensure a separation of powers, preventing any one branch from becoming too powerful.
According to Veritas, the doctrine of separation of powers is that for a free and democratic society to exist there must be a clear separation between the three branches of government.
Under the separation of powers doctrine, the legislature is responsible for making the law, the judiciary is responsible for interpreting the law, and the executive is responsible for enforcing the law.
It is a system that is widely used across countries such as South Africa, Austria and the United States of America.
Zimbabwean scenario
An introduction on the Parliament of Zimbabwe website states that, ‘Zimbabwe is a Constitutional democracy. It is therefore befitting that the three pillars of state, namely the Executive, the Judiciary and the Legislature derive their existence and authority from the Constitution. For the proper functioning of government, the afore-mentioned pillars of state, though respecting the principle of separation of powers by maintaining their independence from one another, play coordinate but complementary roles in national governance’.
This separation of powers is derived from various constitutional clauses.
The Executive, the branch of government headed by the President, derives its power from chapter 5 of the Constitution. Section 88 states that executive power ‘vests in the President’ who exercises his authority through the cabinet. The President and his Ministers control the Defence Forces, the Police and the civil administration; they represent the country in its dealings with foreign governments; and generally they are responsible for running the day-to-day affairs of the country.
Sections 162 and 164 of the Constitution of Zimbabwe gives judiciary authority and specifically entrenches judicial independence and states that courts must apply the law and Constitution “impartially, expeditiously and without fear, favour or prejudice”.
The mandate of Parliament in the legislative process is derived from section 117 of the Constitution which states that the Legislature has power “…to make laws for the peace, order and good governance of Zimbabwe”.
The role of Parliament is derived from Section 119 of the Constitution which states Parliament must promote democratic governance and ensure that the provisions of the constitution are upheld and all institutions and agencies of government at every level act constitutionally and in national interest. These provisions give Parliament Legislative, Oversight and Representative functions covering any and all areas of the Executive’s operations.
The issue of separation of powers is one that was widely discussed during the Constitutional Select Committee’s outreach meetings in the drafting of the current constitution.
There were flyers with the following information:
- Who should be the head of state? Should they also be head of government (executive)?
- Who should be qualified to be the head of state, and of government (executive)?
- How are they to be chosen? If by popular vote, what system should be used?
- How long should they be in office? What powers should they have?
- How should the cabinet be composed? How big should it be?
How many chambers should the legislature have? What powers should each enjoy? How should each be elected?
What courts do you want established in the country? What should be their powers? How should judges be appointed? How do we ensure judiciary independence?
The 2013 constitution has, however, had some amendments since its enactment. There were concerns in 2017 that Constitutional Amendment 1 vesting the authority for the appointment of judges into the Executive undermined the independence of the judiciary and the separation of powers.
Co-equal or not?
The separation of powers is intended to prevent the government from abusing its vast, inherent powers. The function of checks and balances, according to some experts, is not to equalise the branches in power, however, but to prevent one from intervening in the affairs of the others. They say the three branches are equal in status but not in power.
Locke, also, did not consider the three branches to be co-equal; nor did he consider them as designed to operate independently.
While the Zimbabwean Constitution embraces the principle of separation of powers among the executive, legislature, and judiciary, the President holds significant influence and powers that extend across all three arms of government.
Here’s a breakdown:
1. Executive Branch:
- The President is the head of state and government, and commander-in-chief of the defense forces.
- The President appoints Cabinet Ministers, who are responsible for running the day-to-day affairs of the country.
- The President controls the Defense Forces, the Police, and the civil administration.
2. Legislative Branch (Parliament):
- The President is part of the Legislature in his capacity as Head of State, and must assent to Bills passed by Parliament before they become law.
- The President has the power to summon, adjourn, and dissolve Parliament.
- The President has the power to appoint some members of Parliament (e.g., Senators).
- Notably, the Presidential Powers (Temporary Measures) Act grants the President extensive legislative powers to make regulations on almost any subject, if urgent action is deemed necessary. While these regulations expire after six months, they can be replaced.
3. Judicial Branch:
- The President has the power to appoint judges of the Supreme Court and the High Court, typically after consultation with the Judicial Service Commission. While the President doesn’t always have to take the Commission’s advice, the Senate must be informed if he goes against it.
- The President also appoints judicial officers for specialized courts.
Conclusion
The claim that by ‘being Head of State makes him (President) head of all three arms of the State’ is false. The Zimbabwe constitution has separation of powers and has three separate branches of government. The President is head of the Executive with all executive authority vested in him through his cabinet, but he is not the head of the legislative and judiciary branches. While it may be true that the President’s role and powers are far reaching, particularly in terms of appointments and even in law-making through temporary measures, this does not make him the head of all three branches of state. At least, not according to the Constitution.
