Jacob Mudenda

1. Bachelor of Arts Degree, majoring in Education and English (University of South Africa)
2. Bachelor of Laws Honours Degree (University of Zimbabwe UZ)
3. Post Graduate Diploma in Labour Law - PGDL (UZ)^[1]

Service/Career

Soon after independence, Mudenda was appointed to be a district administrator in the Matabeleland North Province. ^[2] He rose through the ranks and it is reported that it was because of his influential political connections as well as his relationship with Mugabe. Mudenda became a provincial administrator and subsequently a governor. ^[2] In 1984, he became the resident minister for Matabeleland North when the post was created. ^[2]

1985 Electon

In the Zimbabwe 1985 Parliamentary Election, Binga returned to Parliament:

• Francis Munkombwe of PF-ZAPU - 38 879 votes.
• Jacob Francis Mudenda of Zanu PF - 3 414 votes.
• Josephat Mdzingwa of UANC - 660 votes.

Mudenda is believed to have been Mugabe's eyes and ears as well as being his spokesman during the period of the Gukurahundi massacres of which he tried to exonerate himself from. He was quoted as indicating that he asked the then senior politicians and Zanu- PF officials, among them the late Vice President Joseph Msika to help him to stop the massacres but they refused after witnessing the Gukurahundi atrocities. ^[3]

Willowgate

Mudenda went into obscurity after being implicated in the Willowgate Scandal in the late 1980s. ^[2] Unlike most of his reported accomplices in this scandal, Maurice Nyagumbo, Enos Nkala and Frederick Shava, Mudenda was able to bounce back into mainstream politics. During this period, Mudenda committed himself to his law firm, Mudenda Attorney Legal Practitioners which he established in Bulawayo. ^[4] Mudenda also fell from grace after being part of the Tsholotsho gang in 2004.^[2]

ZHRC

Notwithstanding this, in February 2013, Mudenda was appointed to be the chairperson of the Zimbabwe Human Rights Commission (ZHRC) replacing Reginald Austin who had resigned citing lack of support for the human rights group by the Inclusive Government. ^[5] Mudenda's appointment caused a stir. According to Welshman Ncube, one of the Global Political Agreement (GPA) principals which led to the formation of the Government of National Unity (GNU), the appointment of Mudenda violated the constitution which stipulated that the President appoints the ZHRC Chairperson after consultations with the Judiciary Service Commission (JSC) and the Parliamentary Committee on Standing Rules and Orders.^[5] Ncube further argued that,

as far as Mudenda's appointment is concerned, we have not been consulted and in the spirit of the GPA, we will oppose the appointment until it comes to the Standing Rules and Orders Committee^[5]

Despite this vehement opposition, Mudenda took up the post and he resigned in September after his appointment as the Speaker of Parliament replacing Lovemore Moyo.

2000 Elections

In the 2000 Parliamentary Election (see A History of Zimbabwean Elections) Hwange East returned to Parliament:

• Cephas Nyoni of MDC with 15 271 votes,
• Jacob Mudenda of Zanu PF with 3 617 votes,
• George Ncube, Independent, with 339 votes,
• Khumbulani Ncube of ZAPU with 384 votes.

Events

Being the Speaker of Parliament

Mudenda was sworn in as the Speaker of Parliament on 3 September 2013 by Chief Justice Godfrey Chidyausiku. ^[6] His deputy was Mabel Chinomona. Mudenda was nominated by Clifford Sibanda who was seconded by Irene Zindi and this was endorsed by the Zanu-PF politburo.^[7] During the swearing in ceremony, Obert Mpofu is said to have shed tears while delivering a congratulatory message to the newly elected Speaker of Parliament.^[7]

It has however been reported that Mugabe had long been pushing for Mudenda to be appointed as the Speaker of Parliament. It is said that Mugabe was so eager to maintain tradition in which Zanu-PF has always reserved the speaker post to an individual from the Matebeleland Provinces as part of honouring the unwritten terms of the Unity Accord signed on 22 December 1987 between Joshua Nkomo and Mugabe.^[8]

Mudenda was reported of making an issue over trivial issues ,for example telling Members of Parliament (MPs) to stand up when the House Speaker or the State President is entering or leaving the House.^[9] He once fumed over the issue stating that

By convention, all Members rise from their seats when the President, who is also the Head of State and Government and Commander in Chief of the Defence Forces enters and leaves the House. This is done in the deference to the high office he holds.^[9]

Mudenda was also believed to be keen to be the Chairman of the party during the Factionalism in Zanu-PF 2014 fiasco. He was a key Emmerson Mnangagwa ally and it was revealed that, Phelekezela Mphoko (from Matebeleland North, who was appointed to be the second Vice President of the country after the 6th Congress of the party held in December 2014) was moved to Bulawayo so that when Mugabe was to appoint the presiduim, he would not pick two people from the same province.^[10] Mudenda however failed to clinch the post which was retained by Simon Khaya Moyo.

Decisions in October 2019, as Speaker of the house, are criticised.

• He has docked MDC MPs allowances following their walk out at the start of the President’s State of the Nation address.
• He has decided MDC MPs should not be permitted to participate in the Ministers’ questioning in Parliament.

As head of the legislature, one of the three core arms of the state (legislative, executive and judiciary), the privileges of Parliament must be defended by him. He should be impartial and above the dispute.

The Constitution has a provision giving an option to the President to present himself for questioning. Continuing with the Mugabe tradition, Mnangagwa has never exercised that option. For him, Parliament is to be spoken to not engaged with on an equal basis. However, the Constitution makes it mandatory for Vice Presidents and Ministers to attend Parliament and to answer questions. The provision requiring Ministers to answer questions from MPs is designed to promote accountability in a representative democracy. Consequently, MPs have both a right and a duty to ask questions.

These rights cannot be given or taken away by the Speaker. Making a broad decision to ban MPs of one party from putting questions to Ministers, to deny them this duty, is unconstitutional and illegal. He has no authority to stop them asking them questions in their capacity as MPs. It defeats the entire purpose of representative government if people’s representatives cannot question Ministers.^[11]

Foreign Currency Auction System

Delays in foreign currency payments to companies under the Reserve Bank of Zimbabwe auction facility, of up to two months, caused alarm, and led to a court case in June 2021. The foreign currency auction system, introduced in 2020 by the central bank was hailed as a ‘game-changer’ in alleviating shortages of forex and boosting transparency and efficiency in the foreign currency market. However, during the Wednesday National Assembly question-and-answer session, MPs accused government of lying that it had disbursed money to the affected companies, adding that some of them had gone for a month without getting their dues. Harare North MP Rusty Markham (MDC Alliance) said: “Last week, we were told by the Deputy Minister of Finance (Clemence Chiduwa) that all the money due from the auction system had been paid. Has this, indeed, happened, and have the banks paid their customers? What is government policy to ensure that customers are given the allocations they applied for?” Markham said in his research with big banks, he discovered that they were eight weeks behind in the allocation of foreign currency through the facility. But Dzivarasekwa MP Edwin Mushoriwa (MDC Alliance) said government had given the impression that all was in order in the foreign currency auction system.

Leader of government business in the National Assembly, Justice minister Ziyambi Ziyambi in response said government policy was that those accessing the funds through the facility would be notified by their banks.
Speaker of the National Assembly Jacob Mudenda ruled that the Finance minister should investigate the problems and ensure corrective action is taken to deal with the delays. ^[12]

Trivia

Mudenda purchased a 30 tonne Scania P112 mechanical horse, ostensibly for his father's refuse removal business in Dete leading to the establishment of Mudenda's Garbage Removal Enterprise.^[4]

Further Reading

Big Saturday Read: Congo – Those who never returned. ^[11]

References