AG Mabiza: Ministers Must Back Cabinet Decisions or Resign

Attorney-General Virginia Mabiza has cautioned that members of Cabinet, including Vice Presidents, are not permitted to publicly contradict Government decisions, stating that those unable to align with official policy should consider stepping down.

Addressing the issue over the weekend, Mabiza pointed to the Constitution, noting that it enshrines the principle of collective responsibility, which requires all members of the Executive to uphold and defend Cabinet resolutions.

“The law is very clear in terms of how Ministers, Deputy Ministers and Cabinet should conduct themselves,” she said.

She referred to Sections 106 and 107 of the Constitution, explaining that Cabinet members answer both individually and collectively to the President.

According to Mabiza, each minister is tasked with managing their portfolio, executing Government policies, and implementing directives issued by the President in accordance with legal and procedural frameworks.

However, she emphasised that Cabinet functions as a unified body, meaning members must publicly support agreed positions, regardless of any private disagreements during deliberations.

“Once Cabinet adopts a policy, every Cabinet member must publicly support and defend it,” Mabiza said.

“If a minister can’t support a Cabinet decision, the obvious option is to resign.”

Mabiza also issued a warning against the disclosure of Cabinet discussions or attempts by members to distance themselves from official positions after decisions have been finalised.

“Discussions stay in Cabinet. A member is not allowed to leak or distance themselves later,” she said.

She further noted that the President holds ultimate authority over Cabinet members, with the power to discipline, reshuffle, demote, or dismiss individuals without dissolving the entire Cabinet.

“The President appoints and may remove ministers at his discretion,” Mabiza said, adding that ministers serve at the President’s pleasure under Section 104 of the Constitution.

Mabiza cited Nkosana Moyo as an example of a minister who chose to resign after determining he could no longer continue in Government.

She also revealed that Government is in the process of crafting legislation aimed at strengthening governance standards, including the introduction of a formal code of conduct for senior officials, in line with Section 106(3) of the Constitution.