by martin w chinyanga
Violence in Zimbabwe can be stopped by a convention and change of parliament system by a process of a convention. The convention is a process of tying to make a peace process deal in a country… same as we look at the Geneva convention, the convention process worked out well in the Chile Govt, when they took presidential powers from Pinochet and made him , chief of the defence force to make him immune to the law, and the government was run by technocrats. when this happened violence was history in Chile, and their economy grow up 160%. This was a move which was accepted by all perpetrators of violence in Chile.
The only solution to stop the ZNA and ZRP from being partisan academies is to remove powers from the president in participating to parliamentarian affairs and that the president of the country be a ceremonial role, who deals with the senate and governors… lets have a look at the Germany govt system….The prime-Minster will be the head of the govt and comes from the voting process totally different from that of the president… this will work out if Zimbabwe agrees to a convention and we might have an exposure of peaceful elections.
Now a good solution for Zimbabwe will be to make immune all the generals and the now president from being executed after resignation. They need to be given immune whilst thy head the military and the police. Yet the Germany govt system is the best solution for to stop violence in Zimbabwe.
The most to be done is ZANU-PF has to stop operating as a political party or change their name and all the generals including all the core centre of the zanu- politburo must be placed in fixed positions in the senate and governors of the country…yes if they are at risk to the after math.
GVT ETHICS & CONDUCT:’ if men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary” structures were set in Madison’s Federalist #51 like ”auxiliary precautions” to stop TYRANNY. ..but this historic establishment is not working for AFRICAN POLITICS….please lets suggest any new system which can stop tyranny in Africa.
By “auxiliary precautions,” the Founders meant Constitutional processes by which the government could punish, even remove from office, elected officials on its own initiative, separate from the voice of the people.
Impeachment is perhaps the best known auxiliary precaution, but while the Constitution rather vaguely limits the impeachment process to “The President, Vice President and all civil Officers of the United States,” civil officials are typically recognized as officials serving under the executive and judicial branches of government only.
The current Chancellor of Germany is Angela Merkel, who was elected in 2005.
The office of Chancellor of Germany (known in German as Bundeskanzler(-in), or Kanzler(-in) for short) is, under the German 1949 constitution, the head of government of Germany. It is historically a continuation of the office of Chancellor (German: Kanzler, later Reichskanzler). The role is generally comparable to that of Prime Minister in other parliamentary democracies. There have been eight chancellors since 1949. The Federal Government (Bundesregierung) consists of the chancellor and his or her cabinet ministers. The chancellor’s authority emanates from the provisions of the Basic Law and from his or her status as leader of the party (or coalition of parties) holding a majority of seats in the Bundestag (federal parliament). With the exception of Helmut Schmidt, the chancellor has usually also been chairman of his or her own party. This was the case with Chancellor Gerhard Schröder from 1999 until he resigned the chairmanship of the SPD in 2004.The chancellor is the only member of the federal government elected by the Bundestag (PARLIAMENT). The other cabinet ministers are chosen by the chancellor himself or herself, although they are formally appointed by the President on the chancellor’s proposal. The chancellor determines the composition of the Federal Cabinet. The President formally appoints and dismisses cabinet ministers, at the recommendation of the chancellor; no parliamentary approval is needed. According to the Basic Law, the chancellor may set the number of cabinet ministers and dictate their specific duties. Chancellor Ludwig Erhard had the largest cabinet, with twenty-two ministers in the mid-1960s. Helmut Kohl presided over 17 ministers at the start of his fourth term in 1994; the 2002 cabinet, the second of Chancellor Gerhard Schröder, had 13 ministers and the Angela Merkel cabinet as of 22 November 2005 has 15.
Article 65 of the Basic Law sets forth three principles that define how the executive branch functions:
- The “chancellor principle” makes the chancellor responsible for all government policies. Any formal policy guidelines issued by the chancellor are legally binding directives that cabinet ministers must implement. Cabinet ministers are expected to introduce specific policies at the ministerial level that reflect the chancellor’s broader guidelines.
The Federal President
Christian Wulff is the current president of Germany he was elected in the 2010 presidential election.
The President of Germany (known in German as Bundespräsident) is Germany’s head of state. The position is a more ceremonial one than in presidential systems, with the President acting with the advice of the legislature (Art. 58, German Basic Law). Nevertheless the President represents Germany in the world (Art. 59 Basic Law) and has some important “reserve powers” in case of political instability .The role of President is partly similar in some ways to that of a constitutional monarch found in other European states, with the important difference being that the President is elected, and selected based on his or her distinguished reputation. Therefore, the power of daily politics in Germany is concentrated in the position of the Chancellor of Germany with the president acting more as the guardian of the political system, moral authority and identification figure. The Federal President is elected by secret ballot, without debate, by the Federal Convention, a body established solely for that purpose. The convention consists of all Bundestag members as well as an equal number of delegates chosen by the legislatures of the Länder(states). The delegates of each Land to the Federal Convention are elected by the members of the state legislature under a form of proportional representation. While in office the President enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the President is impeachment by the Bundestag or Bundesrat/parliament for wilfully violating German law. Once the Bundestag impeaches the President, the Federal Constitutional Court is charged with determining if he or she is guilty of the offence. If the charge is sustained the court has authority to remove the President from office. To date no President has ever been impeached. The Basic Law did not create an office of vice president. If the President is outside of the country, or the position is vacant, the President of the Bundesrat (a position that is rotated among the state premiers on an annual basis) temporarily assumes the powers of the president until a successor is elected without assuming the office of president as such. While doing so, he or she does not continue to exercise the role of chair of the Bundesrat. If the President dies, resigns or is otherwise removed from office, a successor is to be elected within thirty days. This process was triggered for the first time on May 31, 2010, when Horst Köhler resigned the office. While the President is abroad on a state visit the President of the Bundesrat does not assume all of his responsibilities but may deputise for the President, performing on the President’s behalf merely those tasks that require his or her physical presence, such as the signing of documents
The President is elected by the Federal Convention, a body established solely for that purpose.
In total, the Federal Convention numbers more than one thousand members. The German constitution, the Basic Law, requires that it be convened no later than thirty days before the expiration of the term of office of the President (which is five years). The body is convened and chaired by the President of the Bundestag(parliament).
The office of President is open to all Germans who are entitled to vote in Bundestag elections and have reached the age of 40, but no one may serve more than two consecutive five-year terms. The president receives an annual payment of approximately €213,000 that continues when he or she leaves office.
The President may not be a member of the government or of a legislature at either the federal or Land level. On taking office the president must take the following oath, stipulated by Article 56 of the Basic Law
”I swear that I will dedicate my efforts to the well-being of the German people, enhance their benefits, avert harm from them, uphold and defend the Constitution and the statutes of the Federation, fulfil my duties conscientiously, and do justice to all. (So help me God.) ”
Duties and functions
Appointment of the Federal Government
The President proposes an individual as Chancellor and then, provided they are subsequently elected by the Bundestag, appoints him or her to the office. However the Bundestag is free to disregard the President’s proposal and elect another individual to the post, whom the President is then obliged to appoint. The President appoints and dismisses the remaining members of the Federal Government “upon the proposal of the Chancellor.” The President can dismiss the Chancellor but only in the event that the Bundestag passes a Constructive Vote of No Confidence. If this occurs the President must dismiss the chancellor and appoint the successor requested by the Bundestag.
The President appoints federal judges, federal civil servants and military officers. All such appointments require the counter-signature of either the chancellor or the relevant cabinet minister.
Dissolution of the Bundestag ( is the parliament of Germany)
In the event that the Bundestag elects an individual for the office of chancellor by a plurality of votes, rather than a majority, the President can, at his discretion, either appoint that individual as chancellor or dissolve the Bundestag. In the event that a vote of confidence is defeated in the Bundestag, and the incumbent chancellor proposes a dissolution, the President may, at his discretion, dissolve the body within 21 days.
The German Bundesrat (literally “Federal Council”;) is a legislative body that represents the sixteen Länder (federal states) of Germany at the federal level. It has its seat at the former Prussian House of Lords in Berlin.
The Bundesrat participates in legislation, alongside of the Bundestag, the directly elected representation of the people of Germany, with laws affecting state competences and all constitutional changes requiring the consent of the body. Functioning similarly, it is often said to be an upper house such as the US Senate or the House of Lords in the United Kingdom, although the German constitution does not declare the Bundestag and Bundesrat to form houses of a bicameral parliament (the word “Parliament” does not even occur in the Constitution). Officially, it is generally referred to as a “constitutional body” alongside the Bundestag, the President, the Government and the Federal Constitutional Court
President of the Bundesrat or President of the Federal Council (German: Bundesratspräsident) is the chairperson or speaker of the Bundesrat (Federal Council). The presidency of the Bundesrat rotates among the heads of government (most of them holding the title minister-president) of each of the states (in German, Länder) on an annual basis. this position is held by Hannelore Kraft since 2010