Correspondent|CONSTITUTIONAL law expert Dr Alex Magaisa has said Finance and Economic Development Minister Professor Mthuli Ncube has broken the law in appointment of the new ZIMRA board he announced Thursday morning.
Min of Finance @MthuliNcube has appointed a new @Zimra_11 Board;
– Callisto Jokonya (Chair)
– Josephine Matambo (Vice Chair)
– George Guvamatanga (@GGuvamatanga)
– Isaac Kwesu
– Memory Nguwi
– Dr Moris Bekezela Mpofu#TSP #Vision2030 pic.twitter.com/PgEXhqAp9A— Ministry of Information, Publicity & Broadcasting (@InfoMinZW) December 20, 2018
Former president of the Confederation of Zimbabwe Industries Callisto Jokonya is the new ZIMRA board chairman, deputized by Mrs Josephine Matambo. Other board members are Finance Ministry Permanent Secretary George Guvamatanga, Mr. Memory Nguwi, Dr Morris Mpofu and Mr. Isaac Kwesu.
Magaisa says the inclusion of Finance Ministry Permanent Secretary George Guvamatanga violates the law, and further says that the exclusion of ZIMRA Commissioner General Ms Faith Mazani also violates the law.
“Section 11(5) of the Public Entities Corporate Governance Act which says a Permanent Secretary cannot be appointed to such a board,” Magaisa wrote on Twitter hours after the board announcement.
Magaisa added: “He (Mthuli Ncube) will say he relies on Section 5 of the Revenue Authority Act. But that is discounted by the provision in section 11(5) of the Public Entities Corporate Governance Act.
“Section 5 of the Revenue Authority Act must be read consistently with section 11(5) of the Public Entities Corporate Governance Act, unless of course he argues that ZIMRA is not a public entity.
“But this would be absurd because Zimra IS indeed a public entity as defined in the Public Entities Corporate Governance Act:
Law experts say the exclusion of the Commissioner-General from the announced board breaches provisions of the Act which makes the inclusion of Commissioner-General mandatory.
The appointment is with effect from 19 December 2018.