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This article participates on the following special index pages:
Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles
Constitution
of Zimbabwe Amendment (No. 19) Bill
- Zanu PF draft
November 17,
2008
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Draft Bill
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as gazetted 12 December, 2008
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MEMORANDUM
This
Bill will amend the Constitution
in the following principal respects: firstly, to substitute the
Chapter on Citizenship by another Chapter making more comprehensive
provision on the same topic; secondly, to make specific provision
for the appointment and functions of the committee of Parliament
known as the Committee on Standing Rules and Orders; thirdly, to
provide that the appointment by the President of the chairperson
of Zimbabwe Electoral Commission, and of the members of the Anti-Corruption
Commission, must be done in consultation with the Committee on Standing
Rules and Orders; fourthly to provide for the appointment and functions
of a Zimbabwe Media Commission; and finally to make certain transitional
amendments pursuant to the agreement
between the Presidents of the Zimbabwe African National Union-Patriotic
Front (ZANU-PF) and the two formations of the Movement for Democratic
Change (MDC), on resolving the challenges facing Zimbabwe, which
was signed at Harare on the 15th September, 2008 (referred to in
this Memorandum and Bill as the “Interparty Political Agreement”).
In more detail the individual clauses of the Bill provide as follows:
Clause 1
This clause sets out the Bill’s short title.
Clause 2
This clause defines a couple of terms for the purpose of this Bill.
Clause 3
This clause seeks to substitute Chapter II of the Constitution (“Citizenship”)
by another Chapter making more comprehensive provision on the topic
of citizenship.
Clause 4
This clause seeks to correct certain cross-references contained
in section 41 of the Constitution (which previously cross-referred
to members of the House of Assembly only) so as to make clear, for
instance, that the “anti-defection” provisions of section
41(1)(e) apply to elected Senators as well as members of the House
of Assembly.
Clauses 5
This clause seeks to omit from section 57(2) of the Constitution
the incidental reference to the Committee on Standing Rules and
Orders, for which fuller provision is to be made under Clause 6.
Clause 6
This clause seeks to include a new section in the Constitution that
makes specific provision for the appointment and functions of the
committee of Parliament known as the Committee on Standing Rules
and Orders. However, for the period during which the Interparty
Political Agreement subsists, the composition of this Committee
will be as specified under subclause (2) of this clause.
Clause 7
This clause seeks to provide that the appointment by the President
of the chairperson of Zimbabwe Electoral Commission must be done
in consultation with the Committee on Standing Rules and Orders.
Other amendments will fix that the term of office of members of
the Commission at six years (renewable for one more consecutive
term) and specify in broad terms the qualifications of members of
the Commission.
Clause 8
This clause seeks to provide that the appointment by the President
of the members of the Zimbabwe Anti-Corruption Commission must be
done in consultation with the Committee on Standing Rules and Orders.
Clause 9
This clause seeks to provide for the appointment and functions of
a new constitutional commission to be called the Zimbabwe Media
Commission.
Clause 10
This clause seeks to amend the interpretation section of the Constitution
by revising the definition of “Committee on Standing Rules
and Orders” in conformity with the amendment made under clause
6.
Clauses 11 and 12
These clauses will insert a new section and Schedule in the Constitution
providing for certain transitional amendments in connection with
the new (but possibly temporary) office of Prime Minister and other
matters pursuant to the Interparty Political Agreement. Since it
is proposed to hold a referendum on a new Constitution within two
years, this office may fall away or be retained, depending on the
outcome of the referendum. If the referendum rejects the new Constitution,
or the Interparty Political Agreement is for any reason terminated,
the Constitution will continue in force as if not amended by the
Schedule.
Clauses 13
This clause anticipates any legal challenge grounded in section
31E of the Constitution to the validity of anything done pursuant
to the exercise of the functions of a Vice-President, Minister and
Deputy Minister between the date when Parliament was dissolved on
the 29th March, 2008, and the date when this Bill becomes an Act.
1st Draft: 17th November, 2008
BILL
To amend the Constitution
of Zimbabwe.
ENACTED by
the President and the Parliament of Zimbabwe.
1 Short
title
This Act may be cited as the Constitution of Zimbabwe Amendment
(No. 19) Act, 2008.
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