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Message: [QUOTE="Bombastus, post: 91784, member: 2178"] Zimbabwe’s Constitution blocks an acting president from using four major presidential powers unless a majority of the entire Cabinet approves by resolution. The restricted powers are deploying the Defence Forces, entering international conventions or treaties, changing top political appointments, and reallocating ministerial responsibilities. Plenty of presidential business sits outside that short list. Act No. 6 of 2026 changed section 100(1), removing the old first-versus-second vice-president wording, but it did not rewrite section 100(2). The identity of the temporary officeholder follows [B][URL='https://goldmidi.com/community/threads/chiwenga-would-not-automatically-become-president.77201/']Zimbabwe’s revised presidential succession rules[/URL][/B], while the limits on what an acting president may do remain in the older subsection. The 2026 reform changed who can step in without quietly handing the temporary officeholder a fresh bundle of executive power. [HEADING=2]Cabinet approval is a real legal threshold[/HEADING] Section 100(2) does not merely tell an acting president to consult colleagues before taking a sensitive decision. It requires a resolution passed by a majority of the total membership of Cabinet before any of the four protected powers can be exercised. A thin majority among whoever happens to attend a meeting is not enough if it falls short of that constitutional threshold. Military deployment is the clearest example. An acting president cannot simply order the Defence Forces into a new deployment under presidential authority and sort out political support afterward. Cabinet authorization has to come through the mechanism section 100 sets out, which turns collective approval into a condition on the exercise of the power itself. The Constitution also anticipates the meeting problem. Section 105 lets a vice president preside over Cabinet when the President is absent, so temporary presidential authority does not leave Cabinet without a lawful chair. The safeguard demands collective approval without making the required decision-making process impossible to operate. The same restraint applies to international conventions, treaties and agreements. Even after Cabinet clears the acting president to use that presidential power, Zimbabwe’s treaty rules add another layer because an international treaty concluded under presidential authority generally does not bind the country until Parliament approves it. Cabinet approval therefore unlocks the acting president’s authority, but it does not erase Parliament’s separate role. Personnel decisions are fenced off too. An acting president needs the required Cabinet resolution before appointing or removing a vice president, minister or deputy minister, and before assigning, reassigning or canceling their governmental functions. A temporary spell in the top office cannot be used casually to reshuffle the political executive. [HEADING=2]The acting president is not powerless[/HEADING] The wording is narrower than many casual descriptions suggest. Section 100(2) identifies specific powers that need Cabinet backing rather than declaring every presidential act off limits, so the office is not reduced to ceremony. Other constitutional provisions still govern whatever the acting president does, but section 100 itself does not impose the same Cabinet-resolution requirement on every function of the presidency. Presidential responsibilities elsewhere in the Constitution include assenting to Bills, referring legislation to the Constitutional Court, summoning Parliament for special business, making various appointments, calling elections or referendums, conferring honors, and handling diplomatic appointments. Each power can carry its own legal conditions. Section 100(2) simply singles out four categories for an extra check during an acting presidency. A [B][URL='https://academic.oup.com/slr/article-abstract/39/3/266/3852091']legal study of Zimbabwe’s executive structure[/URL][/B] examined how the 2013 Constitution divides executive and legislative authority and where institutional checks sit. Section 100 is a small but unusually concrete example of that design. It gives the acting president room to keep government functioning while making several high-impact moves depend on collective Cabinet support. [HEADING=2]The 2026 amendment preserved the old restraint[/HEADING] Section 100(1) was edited in 2026, yet subsection 100(2) survived without a matching rewrite. The four Cabinet-controlled powers were not created by the new succession system and already belonged to the constitutional framework governing temporary presidential authority. Old explainers can therefore be wrong about which vice president acts while still quoting the current list of restricted powers correctly. The point also survives much of the legal argument surrounding Amendment No. 3. Disputes over the validity or effect of the 2026 changes may affect who is entitled to act and how a presidential vacancy is handled, but the Cabinet restraints in section 100(2) predate those changes. Treating every acting-president rule as a new feature of Act No. 6 muddies two different constitutional issues. A contested decision would still need to be matched against the actual wording of section 100(2). If an acting president tried to remove a minister, redirect a minister’s portfolio, deploy the Defence Forces, or enter a covered international agreement without the required Cabinet resolution, the missing resolution would be central to the legality of the act itself. Political seniority would not supply the approval the Constitution expressly demands. [/QUOTE]

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