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This article participates on the following special index pages:
Inclusive government - Index of articles
Committee
on Standing Rules and Orders - Bill Watch Special
Veritas
April 11, 2009
Committee
on Standing Rules and Orders
- The Committee
on Standing Rules and Orders [CSRO] is the most important Parliamentary
Committee.
- It is a joint
committee, with representatives from both Houses of Parliament
[see names of members below].
- Functions
are conferred on it by the Constitution,
by Act of Parliament and by Parliamentary Standing Orders.
Functions
of the CSRO
Functions given
by the Constitution
- “Supervising
the administration of Parliament” and “considering
and deciding all matters concerning Parliament”.
- The CSRO
appoints the Clerk of Parliament and other staff of Parliament,
and fixes their conditions of service.
- It appoints
members of the Parliamentary Legal Committee.
- The Public
Protector, formerly called the Ombudsman, and the Deputy Public
Protector are appointed by the President “after consultation”
with the CSRO and Judicial Service Commission [JSC]. [Note: “after
consultation” means the President is not bound to follow
the advice of the CSRO or the JSC.]
The CSRO also
has a considerable say in the appointments of:
The four “Independent”
Commissions referred to in the Constitution.
1. Zimbabwe
Electoral Commission
- The chairperson
is appointed by the President “after consultation with”
the CSRO.
- The 8 members
are appointed by the President from a list of at least 12 nominees
submitted by the CSRO.
- The approval
of the CSRO is needed before the chairperson or any other member
is removed from office by the President.
2. Zimbabwe
Human Rights Commission
- The chairperson
is appointed by the President “after consultation with”
the CSRO.
- The 8 members
are appointed by the President from a list of 16 nominees submitted
by the CSRO
[Note: when
appointing the chairpersons of these two Commissions the President
also has to consult with the Judicial Service Commission but he
is not bound to follow the advice of the CSRO or the JSC. The definition
in the Constitution of “after consultation” is that
the President is “required to consult before arriving at a
decision but is not bound by the advice or opinion given”.]
3. Zimbabwe
Media Commission
- Both the
chairperson and the other 8 members are appointed by the President
from a list of at least 12 nominees provided by the CSRO.
4. Zimbabwe
Anti-Corruption Commission
The Constitution
states that the commission consists of at least 4 and not more than
9 members appointed by the President “in consultation”
with the CSRO. It does not mention a chairperson, so it is assumed
the members will elect one. [Note: the definition in the Constitution
of “in consultation” is that the President “arrives
at the decision after securing the agreement or consent” of
the persons consulted.]
Functions
of CSRO under Parliamentary Standing Orders
- Deciding
on the size of other Parliamentary committees and appointing their
chairpersons and members. This includes Select Committees –
which means that it will appoint the Select Committee to draw
up the new Constitution.
- Framing rules
for the conduct of business by committees;
- Preparing
amendments to Standing Orders for consideration by the House of
Assembly and Senate;
- The Committee’s
consent is required for a proposed motion in either House for
the expulsion or suspension from Parliament of an MP or Senator
who has been convicted of a criminal offence. [Note: if an MP
or Senator is convicted and sentenced to death or 6 months or
more imprisonment, his or seat is automatically forfeited. A motion
for expulsion applies only where a criminal conviction has resulted
in a shorter sentence of imprisonment or a fine, but is nevertheless
considered to render the MP or Senator concerned unfit to continue
in office or as meriting suspension.]
Powers
given to the CSRO by the Broadcasting
Services Act
This Act gives
the CSRO a role in the appointment and removal from office of members
of the board of the Broadcasting Authority of Zimbabwe:
- the President
appoints 9 of the 12 board members “after consultation with”
the CSRO [the President is not obliged to follow CSRO’s
recommendations] and the remaining 3 members from a list of six
nominees provided by CSRO.
- the CSRO
appoints the chairperson and one other member of the Independent
Disciplinary Committee to adjudicate on allegations of misconduct
by BAZ board members.
Members
of Committee on Standing Rules and Orders
The composition
of the CSRO is specified by the Constitution, as amended by Constitution
Amendment No. 19 [Schedule 8, paragraph 2]. It is made up of
14 ex officio members, 8 members elected by the House of Assembly
and 4 members elected by the Senate. [Note there was no voting for
the elected members, because the three parties had agreed on the
political and gender balance to be struck and the candidates put
forward by the parties were declared elected unopposed.] The CSRO
is chaired by the Speaker and the deputy chair is the President
of the Senate. The members are as follows:
14 Ex officio
members
- Speaker Lovemore
Moyo] [MDC-T]
- President
of Senate Ednah Madzongwe [ZANU-PF]
- Deputy Speaker
Nomalanga Khumalo [MDC-M]
- Deputy President
of Senate Naison Ndlovu [ZANU-PF]
- Vice-President
Joseph Msika [ZANU-PF]
- Vice-President
Joice Mujuru [ZANU-PF]
- Prime Minister
Morgan Tsvangirai [MDC-T]
- Minister
of Constitutional & Parl Affairs Eric Matinenga] [MDC-T]
- Minister
of Finance Tendai Biti] [MDC-T]
- MDC-M Whip
Edward Mkhosi
- MDC-T Whip
Innocent Gonese
- ZANU-PF Whip
Joram Gumbo
- Deputy Leader
of Government Business in the House of Assembly [still to be named]
- Deputy Leader
of Government Business in the Senate [still to be named]
8 Members elected
by the House of Assembly
Njabuliso Mguni
[MDC-T], Thabitha Khumalo [MDC-T], Tongai Matutu [MDC-T], Tapiwa
Mashakada [MDC-T], Hon. Arthur Mutambara [MDC-M],
Emmerson Mnangagwa
[ZANU-PF], Paul Mangwana [ZANU-PF], Mabel Chinomona [ZANU-PF]
4 Members elected
by the Senate
Obert Gutu [MDC-T],
Welshman Ncube [MDC-M], Patrick Chinamasa [ZANU-PF], Chief Charumbira
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