OPINION: CAN PRESIDENT MUGABE DECLARE A STATE OF EMERGENCY? by Barbara Nyagomo

It appears from section 113 only the President can declare a State of Emergency. This can be done by a clear declaration or announcement in the Government Gazette (a newspaper called a gazette).

That declaration will only be effective for 14 days unless approved by two thirds majority of MPs in parliament at a joint sitting within the 14 days. If approved by parliament it will stretch to 3 months and not beyond that.

If the Pariament does not approve of the declaration of State of Emergency as stated above after consideration or is not considered within the 14 days the President will have to cancel the declaration within 7 days. The majority of MPs may request the President to extend State of Emergency for another 30 day’s after the expiry of the initial 30 day period. Anyone can challenge the declaration of state of emergency in the Constitutional Court. It appears unfortunately that the Constitution does not provide for the circumstances under which the declaration of State of Emergency can be made.