People have been asking what the Constitution says about the removal and appointment of Ministers. The answer is simple.
Section 71 Subsection 3 indicates that “Ministers shall be appointed by the President and shall, before assuming the functions of their office, take and subscribe to the prescribed oaths”
On the other hand, Section 71 Subsection 4(b) adds that “the office of a Minister shall become vacant
(b) on his or her appointment being revoked by the President;
Hence it is clear that it is the President who has the power to appoint and remove Ministers. The fact that his power base came from a Coalition could have persuasive influence on him to consult coalition partners in making such appointments or removal. However, it is not mandatory under the Constitution to consult anyone in appointing or removing a Vice President or Minister.
The only condition imposed on the president in making appointments to the office of Vice President and Minister, is indicated in Section 72, Subsection 1 of the Constitution which reads:
“(1) The Vice-President and Ministers shall be responsible for such departments of state or other business of the Government as the President may assign to them. In making such assignments, the President shall have regard to the desirability of ensuring that such responsibilities are entrusted to competent persons with relevant qualifications or experience.’’
This is how matters stand as people await the appointment of a Minister of Interior.
